HBA-NLM, BTC H.B. 600 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 600 By: Gallego Judicial Affairs 4/20/1999 Introduced BACKGROUND AND PURPOSE Currently, the Texas Government Code allows the use of regular, retired, or former judges to hear cases assigned by the chief justice of the supreme court, presiding judge of the court of criminal appeals or a presiding judge of an administrative region. Although there are certain restrictions regarding who can hear a case, there is concern that these limitations are not adequate to prevent the appointment of judges to hear cases for which they have limited or no experience. H.B. 600 prohibits the assignment of regular, retired, or former judges to hear cases in a court with which they have no previous experience. This bill places limits on the appointments to insure that those appointed have experience in the courts where they are assigned and are not assigned contrary to electoral decisions. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 74.054(b) and (c), Government Code, as follows: (b) Prohibits a regular, retired, or former district court judge from being assigned to an appellate court and a retired or former statutory county court judge from being assigned to an appellate or district court. Makes a conforming change. (c) Specifies that a regular, retired, or former constitutional county court judge may only be assigned to sit for another constitutional county court judge and must be a licensed attorney in the state. SECTION 2. Amends Section 74.055, Government Code, by adding Subsection (f) to prohibit a former district, constitutional county, or statutory county court judge from being assigned as a visiting judge in a county if the former judge has been defeated for reelection as a judge in that county. SECTION 3. Amends Section 75.002 (a), Government Code, to provide that if a retiree makes an election for a judicial assignment under Section 75.001 (Judicial Retiree Election to be Judicial Officer), and the retiree's last judicial office before retirement was judge of a district or statutory county court, the retiree is subject to assignment by the presiding judge of an administrative judicial region to sit on a court in that administrative region of the same or lesser dignity as that on which the judge sat before retiring, rather than to sit on a district or statutory county court in that administrative region. Also provides if the retiree's last judicial office before retirement was judge of a district or statutory county court, on request of the presiding judge of another administrative judicial region, the retiree is subject to assignment to a court of the same or lesser dignity in that administrative region. SECTION 4. Effective date: September 1, 1999. Makes application of this Act prospective in relation to the assignment of a judge under Chapter 74 (Court Administration Act) or 75 (Other Court Administration), Government Code. SECTION 5. Emergency clause.