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 * * * * *