By Gallego H.B. No. 600
76R2427 MLS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to restricting the assignment of certain visiting judges.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 74.054(b) and (c), Government Code, are
1-5 amended to read as follows:
1-6 (b) A regular, retired, or former district court judge may
1-7 not be assigned to an appellate court. A regular, retired, or
1-8 former statutory county court judge may not be assigned to an
1-9 appellate or district court [hear a matter pending in a district
1-10 court outside the county of the judge's residence].
1-11 (c) A regular, retired, or former constitutional county
1-12 court judge may only be assigned to sit for another constitutional
1-13 county court judge and must be a licensed attorney in this state.
1-14 SECTION 2. Section 74.055, Government Code, is amended by
1-15 adding Subsection (f) to read as follows:
1-16 (f) A former district, constitutional county, or statutory
1-17 county court judge may not be assigned as a visiting judge
1-18 in a county if the former judge has been defeated for reelection as
1-19 a judge in that county.
1-20 SECTION 3. Section 75.002(a), Government Code, is amended
1-21 to read as follows:
1-22 (a) A retiree who makes an election under Section 75.001 is,
1-23 with the retiree's consent to each assignment, subject to
1-24 assignment:
2-1 (1) by the chief justice of the supreme court to sit
2-2 on any court of the state of the same or lesser dignity as that on
2-3 which the person sat before retirement;
2-4 (2) by the presiding judge of the court of criminal
2-5 appeals to sit as a commissioner of that court; and
2-6 (3) if the retiree's last judicial office before
2-7 retirement was judge of a district or statutory county court, by
2-8 the presiding judge of an administrative judicial region to sit on
2-9 a court in that administrative region of the same or lesser dignity
2-10 as that on which the person sat before retirement [district or
2-11 statutory county court in that administrative region] or, on
2-12 request of the presiding judge of another administrative judicial
2-13 region, to a court of the same or lesser dignity in that
2-14 administrative region.
2-15 SECTION 4. This Act takes effect September 1, 1999, and
2-16 applies only to an assignment of a judge under Chapter 74 or 75,
2-17 Government Code, made on or after the effective date of this Act.
2-18 An assignment made before the effective date of this Act is
2-19 governed by the law in effect at the time the assignment was made,
2-20 and that law is continued in effect for that purpose.
2-21 SECTION 5. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.