By Thompson H.B. No. 1606
76R4663 MLS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the assignment of visiting judges in certain county
1-3 courts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 26.003, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 26.003. ADJOURNMENT OF COURT BY SHERIFF OR CONSTABLE.
1-8 If the county judge fails to appear at the time appointed for
1-9 holding court and a visiting [special] judge is not appointed
1-10 [elected], the sheriff shall adjourn the court from day to day for
1-11 three days. If the sheriff fails to adjourn the court, a constable
1-12 shall do so. If the judge does not appear on the fourth day and
1-13 no visiting [special] judge is appointed [elected], the sheriff or
1-14 constable shall adjourn the court until the next regular term.
1-15 SECTION 2. Section 26.004(b), Government Code, is amended to
1-16 read as follows:
1-17 (b) A visiting [special] judge shall sign the minutes of the
1-18 proceedings before the visiting judge [him].
1-19 SECTION 3. The heading to Subchapter B, Chapter 26,
1-20 Government Code, is amended to read as follows:
1-21 SUBCHAPTER B. APPOINTMENT [OR ELECTION] OF VISITING
1-22 [SPECIAL] JUDGE
1-23 SECTION 4. Section 26.011, Government Code, is amended to
1-24 read as follows:
2-1 Sec. 26.011. ASSIGNMENT OF VISITING [DISQUALIFICATION OF
2-2 COUNTY] JUDGE. If a county judge is absent, incapacitated, or
2-3 disqualified in a civil or criminal case [and the parties fail to
2-4 agree on a special judge at the first term of court], the presiding
2-5 [county] judge shall appoint a visiting judge to hear the case in
2-6 accordance with Subchapter C, Chapter 74 [certify to the governor
2-7 the disqualification and the failure of the parties to agree on a
2-8 special judge. The governor shall then appoint a person who is
2-9 learned in the law as special judge to try the case].
2-10 SECTION 5. Section 26.012, Government Code, is amended to
2-11 read as follows:
2-12 Sec. 26.012. ASSIGNMENT OF VISITING JUDGE FOR
2-13 [DISQUALIFICATION IN] PROBATE, GUARDIANSHIP, AND MENTAL HEALTH
2-14 MATTERS. [(a)] If the county judge is absent, incapacitated, or
2-15 disqualified to act in a probate, guardianship, or mental health
2-16 matter, a visiting judge shall be assigned in accordance with
2-17 Section 25.0022(i) [the judge shall immediately certify the
2-18 disqualification to the governor and the governor shall appoint a
2-19 person to act as special judge in the case. The special judge
2-20 shall act from term to term until the disqualification ends].
2-21 [(b) The special judge is entitled to the same compensation
2-22 provided for the regular county judge. Each fiscal year, the
2-23 commissioners court shall budget a sufficient sum for the payment
2-24 of special judges appointed under this section.]
2-25 SECTION 6. Section 26.015, Government Code, is amended to
2-26 read as follows:
2-27 Sec. 26.015. VISITING [SPECIAL] JUDGE TO TAKE OATH. In
3-1 addition to any oath previously taken, a person [agreed on,
3-2 elected, or] appointed as a visiting [provided by law to serve as
3-3 special] judge of a constitutional county court, including a person
3-4 who is a retired, former, or active judge, shall[, before entering
3-5 upon the person's duties as special judge,] take the oath of office
3-6 required by the constitution.
3-7 SECTION 7. Section 26.016, Government Code, is amended to
3-8 read as follows:
3-9 Sec. 26.016. RECORD. When a visiting [special] judge is
3-10 [agreed on by the parties, elected, or] appointed, the clerk shall
3-11 enter in the minutes as a part of the proceedings in the cause a
3-12 record that gives the visiting [special] judge's name and shows
3-13 that:
3-14 (1) the judge of the court was disqualified, absent,
3-15 or disabled to try the cause;
3-16 (2) the visiting [special] judge was [agreed on by
3-17 consent of the parties, elected, or] appointed; and
3-18 (3) in addition to any oath previously taken, the oath
3-19 of office prescribed by law for the visiting [special] judge,
3-20 including a person who is a retired, former, or active judge, was
3-21 duly administered to the visiting [special] judge.
3-22 SECTION 8. The heading to Subchapter C, Chapter 26,
3-23 Government Code, is amended to read as follows:
3-24 SUBCHAPTER C. APPOINTMENT OF VISITING [SPECIAL] JUDGES
3-25 IN CERTAIN COUNTIES
3-26 SECTION 9. Section 26.022, Government Code, is amended to
3-27 read as follows:
4-1 Sec. 26.022. APPOINTMENT FOR PARTICULAR MATTERS. (a) The
4-2 county judge for good cause may at any time appoint a visiting
4-3 [special] judge with respect to any pending civil or criminal
4-4 matter.
4-5 (b) The visiting [special] judge may be appointed on motion
4-6 of the court or on motion of any counsel of record in the matter.
4-7 Each counsel of record is entitled to notice and hearing on the
4-8 matter.
4-9 (c) To be appointed a visiting [special] judge, a person
4-10 must be agreed on by the counsels of record, if the counsels are
4-11 able to agree.
4-12 (d) The motion for appointment and the order appointing the
4-13 visiting [special] judge shall be noted on the docket. A written
4-14 motion or order may be filed among the papers of the case.
4-15 (e) The visiting [special] judge has the powers of the
4-16 county judge in relation to the matter involved.
4-17 SECTION 10. Section 26.023, Government Code, is amended to
4-18 read as follows:
4-19 Sec. 26.023. APPOINTMENT FOR ABSENCE OF JUDGE. (a) The
4-20 county judge may appoint a retired judge or a constitutional county
4-21 judge from another county as a visiting [special] judge when the
4-22 county judge is absent from the county or absent because of
4-23 physical incapacity.
4-24 (b) The visiting [special] judge shall sit in all matters
4-25 that are docketed on any of the county court's dockets and has the
4-26 powers of the county judge in relation to the matter involved.
4-27 (c) Without the consent of the commissioners court, visiting
5-1 [special] judges appointed under this section may not sit for more
5-2 than 15 working days during a calendar year.
5-3 (d) The order appointing the visiting [special] judge shall
5-4 be noted in the docket of the court.
5-5 SECTION 11. Section 26.024, Government Code, is amended to
5-6 read as follows:
5-7 Sec. 26.024. APPOINTMENT TO SHARE BENCH. (a) The county
5-8 judge may appoint a retired judge or a constitutional county judge
5-9 from another county as a visiting [special] judge to share the
5-10 bench if the county judge finds that the dockets of the county
5-11 court reflect a case load that the county judge considers to be in
5-12 excess of that which can be disposed of properly in a manner
5-13 consistent with the efficient administration of justice.
5-14 (b) The visiting [special] judge may share the bench for
5-15 periods authorized by the commissioners court.
5-16 (c) The visiting [special] judge shall sit in those matters
5-17 authorized by the county judge and has the powers of the county
5-18 judge in relation to those matters.
5-19 (d) The order appointing the visiting [special] judge shall
5-20 be noted on the docket of the court.
5-21 SECTION 12. Section 26.026, Government Code, is amended to
5-22 read as follows:
5-23 Sec. 26.026. COMPENSATION OF VISITING [SPECIAL] JUDGE. A
5-24 visiting [special] judge appointed under this subchapter is
5-25 entitled to compensation from the commissioners court for each day
5-26 the judge [he] sits as visiting [special] judge at the rate
5-27 according to law [of 1/365 of the county judge's annual salary].
6-1 SECTION 13. Section 26.027, Government Code, is amended to
6-2 read as follows:
6-3 Sec. 26.027. NO ADMINISTRATIVE POWERS. A visiting [special]
6-4 judge appointed under this subchapter does not have the powers of
6-5 the county judge as a member and presiding officer of the
6-6 commissioners court or the powers of the county judge relating to
6-7 the general administration of county business.
6-8 SECTION 14. Sections 26.013 and 26.014, Government Code, and
6-9 Articles 30.03, 30.04, 30.05, and 30.06, Code of Criminal
6-10 Procedure, are repealed.
6-11 SECTION 15. This Act takes effect September 1, 1999, and
6-12 applies only to the assignment or selection of a judge to act for
6-13 another judge made on or after the effective date of this Act. An
6-14 assignment or selection of a judge made before the effective date
6-15 of this Act is governed by the law in effect at the time the
6-16 assignment or selection was made, and that law is continued in
6-17 effect for that purpose.
6-18 SECTION 16. The importance of this legislation and the
6-19 crowded condition of the calendars in both houses create an
6-20 emergency and an imperative public necessity that the
6-21 constitutional rule requiring bills to be read on three several
6-22 days in each house be suspended, and this rule is hereby suspended.