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.