1-1 By: Wentworth S.B. No. 1563
1-2 (In the Senate - Filed March 14, 1997; March 20, 1997, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 30, 1997, reported favorably, as amended, by the following
1-5 vote: Yeas 5, Nays 0; April 30, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Wentworth
1-7 Amend S.B. No. 1563 in SECTION 1, adding Subchapter I to Chapter
1-8 75, Government Code, (Introduced Version, page 1, lines 24 and 25),
1-9 by striking "any statute, rule, or other authority" and
1-10 substituting "Chapter 74 or Chapter 75, Government Code".
1-11 A BILL TO BE ENTITLED
1-12 AN ACT
1-13 relating to the objection to certain assigned judges.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Subsection (w), Section 25.0022, Government Code,
1-16 is amended to read as follows:
1-17 (w) Chapter 74 and Subchapter I, Chapter 75, do [does] not
1-18 apply to the assignment under this section of statutory probate
1-19 court judges.
1-20 SECTION 2. Chapter 75, Government Code, is amended by adding
1-21 Subchapter I to read as follows:
1-22 SUBCHAPTER I. GENERAL PROVISIONS
1-23 Sec. 75.551. OBJECTION TO ASSIGNED JUDGE OR JUSTICE.
1-24 (a) When a judge or justice is assigned to any court under any
1-25 statute, rule, or other authority, the person who assigns the judge
1-26 or justice shall, if it is reasonable and practicable and if time
1-27 permits, give notice of the assignment to each attorney
1-28 representing a party to the case that is to be heard in whole or
1-29 part by the assigned judge or justice.
1-30 (b) A judge or justice may not hear any part of a civil case
1-31 if a party to the case files a timely objection to the assignment
1-32 of the judge or justice. Except as provided by Subsection (d),
1-33 each party to the case is entitled to only one objection under this
1-34 section for that case, from pretrial through all levels of appeal.
1-35 (c) An objection under this section must be filed before the
1-36 first hearing, including a pretrial hearing or oral argument in a
1-37 case on appeal, that the assigned judge or justice hears in the
1-38 case.
1-39 (d) A former judge or justice who was not a retired judge or
1-40 justice may not sit in a trial or appellate case if either party
1-41 objects to the judge or justice.
1-42 SECTION 3. Section 74.053, Government Code, is repealed.
1-43 SECTION 4. This Act takes effect September 1, 1997, and
1-44 applies only to an objection to a judge or justice assigned on or
1-45 after that date. An objection to a judge or justice assigned
1-46 before the effective date of this Act is governed by the law in
1-47 effect at the time the assignment was made, and that law is
1-48 continued in effect for that purpose.
1-49 SECTION 5. The importance of this legislation and the
1-50 crowded condition of the calendars in both houses create an
1-51 emergency and an imperative public necessity that the
1-52 constitutional rule requiring bills to be read on three several
1-53 days in each house be suspended, and this rule is hereby suspended.
1-54 * * * * *