1-1 AN ACT
1-2 relating to the appointment of retired or former judges as
1-3 visiting judges of certain courts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 25.0017, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 25.0017. VISITING [SPECIAL] JUDGE TO TAKE OATH. (a)
1-8 A [In addition to any oath previously taken, a] person who is a
1-9 retired or former judge [agreed on, elected, or appointed as
1-10 provided by law to serve as special judge of a statutory county
1-11 court or statutory probate court, including a person who is a
1-12 retired, former, or active judge,] shall, before accepting an
1-13 assignment as a visiting judge of a statutory county court
1-14 [entering upon the person's duties as special judge], take the oath
1-15 of office required by the constitution and file the oath with the
1-16 regional presiding judge.
1-17 (b) A regional presiding judge shall maintain a file
1-18 containing the oaths of office filed with the judge under
1-19 Subsection (a).
1-20 (c) A retired or former judge may be assigned as a visiting
1-21 judge of a statutory county court only if the judge has filed with
1-22 the regional presiding judge an oath of office as required by this
1-23 section.
1-24 SECTION 2. Section 25.0018, Government Code, is amended to
2-1 read as follows:
2-2 Sec. 25.0018. RECORD. When a retired or former [special]
2-3 judge is [agreed on by the parties, elected, or] appointed as a
2-4 visiting judge, the clerk shall enter in the minutes as a part of
2-5 the proceedings in the cause a record that gives the visiting
2-6 [special] judge's name and shows that:
2-7 (1) the judge of the court was disqualified, absent,
2-8 or disabled to try the cause;
2-9 (2) the visiting [special] judge was [agreed on by
2-10 consent of the parties, elected, or] appointed; and
2-11 (3) [in addition to any oath previously taken,] the
2-12 oath of office prescribed by law for a retired or former judge who
2-13 is appointed as a visiting judge [the special judge, including a
2-14 person who is a retired, former, or active judge,] was duly
2-15 administered to the visiting [special] judge and filed with the
2-16 regional presiding judge.
2-17 SECTION 3. Subchapter B, Chapter 25, Government Code, is
2-18 amended by adding Section 25.00221 to read as follows:
2-19 Sec. 25.00221. VISITING JUDGE TO TAKE OATH; RECORD. (a)
2-20 This section applies to the assignment of a retired or former judge
2-21 as a visiting judge of a statutory probate court under Section
2-22 25.0022.
2-23 (b) A person who is a retired or former judge shall, before
2-24 accepting an assignment as a visiting judge of a statutory probate
2-25 court, take the oath of office required by the constitution and
2-26 file the oath with the presiding judge of the statutory probate
2-27 courts.
3-1 (c) The presiding judge shall maintain a file containing the
3-2 oaths of office filed with the judge under Subsection (b).
3-3 (d) A retired or former judge may be assigned as a visiting
3-4 judge of a statutory probate court only if the judge has filed with
3-5 the presiding judge an oath of office as required by this section.
3-6 (e) When a retired or former judge is appointed as a
3-7 visiting judge, the clerk shall enter in the minutes as a part of
3-8 the proceedings in the cause a record that gives the visiting
3-9 judge's name and shows that:
3-10 (1) the judge of the court was disqualified, absent,
3-11 or disabled to try the cause;
3-12 (2) the visiting judge was appointed; and
3-13 (3) the oath of office prescribed by law for a retired
3-14 or former judge who is appointed as a visiting judge was duly
3-15 administered to the visiting judge and filed with the presiding
3-16 judge.
3-17 SECTION 4. The change in law made by this Act applies only
3-18 to the assignment of a retired or former judge made on or after the
3-19 effective date of this Act. An assignment made before the
3-20 effective date of this Act is governed by the law in effect at the
3-21 time the assignment is made, and that law is continued in effect
3-22 for that purpose.
3-23 SECTION 5. This Act takes effect September 1, 1999.
3-24 SECTION 6. 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
4-1 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2534 was passed by the House on May
11, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2534 was passed by the Senate on May
24, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor