1-1     By:  Thompson (Senate Sponsor - Wentworth)            H.B. No. 1606
 1-2           (In the Senate - Received from the House May 10, 1999;
 1-3     May 10, 1999, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 14, 1999, reported favorably by
 1-5     the following vote:  Yeas 4, Nays 0; May 14, 1999, sent to
 1-6     printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the assignment of visiting judges in certain county
1-10     courts.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 26.003, Government Code, is amended to
1-13     read as follows:
1-14           Sec. 26.003.  ADJOURNMENT OF COURT BY SHERIFF OR CONSTABLE.
1-15     If the county judge fails to appear at the time appointed for
1-16     holding court and a visiting [special] judge is not appointed
1-17     [elected], the sheriff shall adjourn the court from day to day for
1-18     three days.  If the sheriff fails to adjourn the court, a constable
1-19     shall do so.  If the judge  does not appear on the fourth day and
1-20     no visiting [special] judge is appointed [elected], the sheriff or
1-21     constable shall adjourn the court until the next regular term.
1-22           SECTION 2.  Section 26.004(b), Government Code, is amended to
1-23     read as follows:
1-24           (b)  A visiting [special] judge shall sign the minutes of the
1-25     proceedings before the visiting judge [him].
1-26           SECTION 3.  The heading to Subchapter B, Chapter 26,
1-27     Government Code, is amended to read as follows:
1-28            SUBCHAPTER B.  APPOINTMENT [OR ELECTION] OF VISITING
1-29                               [SPECIAL] JUDGE
1-30           SECTION 4.  Section 26.011, Government Code, is amended to
1-31     read as follows:
1-32           Sec. 26.011.  ASSIGNMENT OF VISITING [DISQUALIFICATION OF
1-33     COUNTY] JUDGE.  If a county judge is absent, incapacitated, or
1-34     disqualified in a civil or criminal case [and the parties fail to
1-35     agree on a special judge at the first term of court], the presiding
1-36     [county] judge shall appoint a visiting judge to hear the case in
1-37     accordance with Subchapter C, Chapter 74 [certify to the governor
1-38     the disqualification and the failure of the parties to agree on a
1-39     special judge.  The governor shall then appoint a person who is
1-40     learned in the law as special judge to try the case].
1-41           SECTION 5.  Section 26.012, Government Code, is amended to
1-42     read as follows:
1-43           Sec. 26.012.  ASSIGNMENT OF VISITING JUDGE FOR
1-44     [DISQUALIFICATION IN] PROBATE, GUARDIANSHIP, AND MENTAL HEALTH
1-45     MATTERS.  [(a)]  If the county judge is absent, incapacitated, or
1-46     disqualified to act in a probate, guardianship, or mental health
1-47     matter, a visiting judge shall be assigned in accordance with
1-48     Section 25.0022(i) [the judge shall immediately certify the
1-49     disqualification to the governor and the governor shall appoint a
1-50     person to act as special judge in the case.  The special judge
1-51     shall act from term to term until the disqualification ends].
1-52           [(b)  The special judge is entitled to the same compensation
1-53     provided for the regular county judge.  Each fiscal year, the
1-54     commissioners court shall budget a sufficient sum for the payment
1-55     of special judges appointed under this section.]
1-56           SECTION 6.  Section 26.015, Government Code, is amended to
1-57     read as follows:
1-58           Sec. 26.015.  VISITING [SPECIAL] JUDGE TO TAKE OATH.  In
1-59     addition to any oath previously taken, a person [agreed on,
1-60     elected, or] appointed as a visiting [provided by law to serve as
1-61     special] judge of a constitutional county court, including a person
1-62     who is a retired, former, or active judge, shall[, before entering
1-63     upon the person's duties as special judge,] take the oath of office
1-64     required by the constitution.
 2-1           SECTION 7.  Section 26.016, Government Code, is amended to
 2-2     read as follows:
 2-3           Sec. 26.016. RECORD.  When a visiting [special] judge is
 2-4     [agreed on by the parties, elected, or] appointed, the clerk shall
 2-5     enter in the minutes as a part of the proceedings in the cause a
 2-6     record that gives the visiting [special] judge's name and shows
 2-7     that:
 2-8                 (1)  the judge of the court was disqualified, absent,
 2-9     or disabled to try the cause;
2-10                 (2)  the visiting [special] judge was [agreed on by
2-11     consent of the parties, elected, or] appointed; and
2-12                 (3)  in addition to any oath previously taken, the oath
2-13     of office prescribed by law for the visiting [special] judge,
2-14     including a person who is a retired, former, or active judge, was
2-15     duly administered to the visiting [special] judge.
2-16           SECTION 8.  The heading to Subchapter C, Chapter 26,
2-17     Government Code, is amended to read as follows:
2-18           SUBCHAPTER C. APPOINTMENT OF VISITING [SPECIAL] JUDGES
2-19                             IN CERTAIN COUNTIES
2-20           SECTION 9.  Section 26.022, Government Code, is amended to
2-21     read as follows:
2-22           Sec. 26.022.  APPOINTMENT FOR PARTICULAR MATTERS.  (a)  The
2-23     county judge for good cause may at any time appoint a visiting
2-24     [special] judge with respect to any pending civil or criminal
2-25     matter.
2-26           (b)  The visiting [special] judge may be appointed on motion
2-27     of the court or on motion of any counsel of record in the matter.
2-28     Each counsel of record is entitled to notice and hearing on the
2-29     matter.
2-30           (c)  To be appointed a visiting [special] judge, a person
2-31     must be agreed on by the counsels of record, if the counsels are
2-32     able to agree.
2-33           (d)  The motion for appointment and the order appointing the
2-34     visiting [special] judge shall be noted on the docket.  A written
2-35     motion or order may be filed among the papers of the case.
2-36           (e)  The visiting [special] judge has the powers of the
2-37     county judge in relation to the matter involved.
2-38           SECTION 10.  Section 26.023, Government Code, is amended to
2-39     read as follows:
2-40           Sec. 26.023.  APPOINTMENT FOR ABSENCE OF JUDGE.  (a)  The
2-41     county judge may appoint a retired judge or a constitutional county
2-42     judge from another county as a visiting [special] judge when the
2-43     county judge is absent from the county or absent because of
2-44     physical incapacity.
2-45           (b)  The visiting [special] judge shall sit in all matters
2-46     that are docketed on any of the county court's dockets and has the
2-47     powers of the county judge in relation to the matter involved.
2-48           (c)  Without the consent of the commissioners court, visiting
2-49     [special] judges appointed under this section may not sit for more
2-50     than 15 working days during a calendar year.
2-51           (d)  The order appointing the visiting [special] judge shall
2-52     be noted in the docket of the court.
2-53           SECTION 11.  Section 26.024, Government Code, is amended to
2-54     read as follows:
2-55           Sec. 26.024.  APPOINTMENT TO SHARE BENCH.  (a)  The county
2-56     judge may appoint a retired judge or a constitutional county judge
2-57     from another county as a visiting [special] judge to share the
2-58     bench if the county judge finds that the dockets of the county
2-59     court reflect a case load that the county judge considers to be in
2-60     excess of that which can be disposed of properly in a manner
2-61     consistent with the efficient administration of justice.
2-62           (b)  The visiting [special] judge may share the bench for
2-63     periods authorized by the commissioners court.
2-64           (c)  The visiting [special] judge shall sit in those matters
2-65     authorized by the county judge and has the powers of the county
2-66     judge in relation to those matters.
2-67           (d)  The order appointing the visiting [special] judge shall
2-68     be noted on the docket of the court.
2-69           SECTION 12.  Section 26.026, Government Code, is amended to
 3-1     read as follows:
 3-2           Sec. 26.026.  COMPENSATION OF VISITING [SPECIAL] JUDGE.  A
 3-3     visiting [special] judge appointed under this subchapter is
 3-4     entitled to compensation from the commissioners court for each day
 3-5     the judge [he] sits as visiting [special] judge at the rate
 3-6     according to law [of 1/365 of the county judge's annual salary].
 3-7           SECTION 13.  Section 26.027, Government Code, is amended to
 3-8     read as follows:
 3-9           Sec. 26.027.  NO ADMINISTRATIVE POWERS.  A visiting [special]
3-10     judge appointed under this subchapter does not have the powers of
3-11     the county judge as a member and presiding officer of the
3-12     commissioners court or the powers of the county judge relating to
3-13     the general administration of county business.
3-14           SECTION 14.  Sections 26.013 and 26.014, Government Code, and
3-15     Articles 30.03, 30.04, 30.05, and 30.06, Code of Criminal
3-16     Procedure, are repealed.
3-17           SECTION 15.  This Act takes effect September 1, 1999, and
3-18     applies only to the assignment or selection of a judge to act for
3-19     another judge made on or after the effective date of this Act.  An
3-20     assignment or selection of a judge made before the effective date
3-21     of this Act is governed by the law in effect at the time the
3-22     assignment or selection was made, and that law is continued in
3-23     effect for that purpose.
3-24           SECTION 16.  The importance of this legislation and the
3-25     crowded condition of the calendars in both houses create an
3-26     emergency and an imperative public necessity that the
3-27     constitutional rule requiring bills to be read on three several
3-28     days in each house be suspended, and this rule is hereby suspended.
3-29                                  * * * * *