SRC-AXB C.S.S.B. 263 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 263
76R12095  JMC-DBy: Duncan
Jurisprudence
4/14/1999
Committee Report (Substituted)


DIGEST 

Currently, the chief justice of the supreme court is authorized to assign a
former judge of certain courts to active service as a visiting judge.
However, the Government Code does not set forth eligibility qualifications
for the potentially reassigned judges.  This bill provides regulation for
the process of returning a qualified retired justice or judge of the
supreme court, court of criminal appeals, or the court of appeals, to
active service. 

PURPOSE

As proposed, C.S.S.B. 263 requires certain actions of former justices or
judges who wish to remain eligible for assignment as a visiting judge, and
clarifies the process of objecting to a judge assignment. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 74.003, Government Code, by amending Subsection
(b), and adding Subsection (f), as follows: 

(b)  Requires certain actions of a qualified retired justice or judge who
desires to be eligible for assignment. 

(f)  Provides that a month of service is a calendar month or portion of a
month in which a justice or judge is authorized to preside. 

SECTION 2.  Amends Section 74.053, Government Code, as follows:

Sec.  74.053.  New heading:  OBJECTION TO JUDGE ASSIGNED TO A TRIAL COURT.
Specifies that certain actions are required when a judge is assigned to a
trial court.  Requires an objection to be filed not later than one week
after the party receives notice of the assignment or if seven days notice
is not given, before the first hearing commences, whichever comes first.
Authorizes the presiding judge to extend the time to file an objection.
Prohibits an assigned judge who was defeated in the last election from
sitting in a case if either party objects to the judge.  Defines "party."
Authorizes notice and objections under this section to be served by
electronic mail.  Deletes language referring to an assigned, former, and
retired judge to clarify how objections to assigned judges are made. 

SECTION 3.  Amends Sections 74.055(c) and (e), Government Code, to require
a retired or former judge to have served as an active judge for at least 96
months, rather than 48 months, in a court to be eligible to be named on a
certain list.  Makes a nonsubstantive change. 

SECTION 4.  Amends 75.551, Government Code, to require an objection to be
filed by a certain deadline.  Authorizes the court to extend the deadline
on a showing of good cause.  Prohibits an assigned judge who was defeated
in the last election from sitting in an appellate case if either party
objects.  Defines "party."  Makes conforming changes. 
 
SECTION 5.  Repealer:  Section 74.055(d), Government Code (List of Retired
and Former Judges Subject to Assignment). 

SECTION 6.Makes application of this Act prospective.

SECTION 7.Effective date:  September 1, 1999.

SECTION 8.Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Sections 74.003(b)(3), (4) and (f), Government Code, to specify that
a justice is subject to the requirements of this section. 

SECTION 2.

Amends Section 74.053, Government Code, to specify that a civil case is
subject to the requirements of this section.  Clarifies text regarding
notice deadlines.  Adds text authorizing electronic mail. 

SECTION 4. 

 Amends Section 75.551, Government Code, to make conforming changes.