1-1 By: Thompson (Senate Sponsor - Wentworth) H.B. No. 2534
1-2 (In the Senate - Received from the House May 11, 1999;
1-3 May 12, 1999, read first time and referred to Committee on
1-4 Jurisprudence; May 14, 1999, reported favorably by the following
1-5 vote: Yeas 4, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the appointment of retired or former judges as
1-9 visiting judges of certain courts.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 25.0017, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 25.0017. VISITING [SPECIAL] JUDGE TO TAKE OATH. (a)
1-14 A [In addition to any oath previously taken, a] person who is a
1-15 retired or former judge [agreed on, elected, or appointed as
1-16 provided by law to serve as special judge of a statutory county
1-17 court or statutory probate court, including a person who is a
1-18 retired, former, or active judge,] shall, before accepting an
1-19 assignment as a visiting judge of a statutory county court
1-20 [entering upon the person's duties as special judge], take the oath
1-21 of office required by the constitution and file the oath with the
1-22 regional presiding judge.
1-23 (b) A regional presiding judge shall maintain a file
1-24 containing the oaths of office filed with the judge under
1-25 Subsection (a).
1-26 (c) A retired or former judge may be assigned as a visiting
1-27 judge of a statutory county court only if the judge has filed with
1-28 the regional presiding judge an oath of office as required by this
1-29 section.
1-30 SECTION 2. Section 25.0018, Government Code, is amended to
1-31 read as follows:
1-32 Sec. 25.0018. RECORD. When a retired or former [special]
1-33 judge is [agreed on by the parties, elected, or] appointed as a
1-34 visiting judge, the clerk shall enter in the minutes as a part of
1-35 the proceedings in the cause a record that gives the visiting
1-36 [special] judge's name and shows that:
1-37 (1) the judge of the court was disqualified, absent,
1-38 or disabled to try the cause;
1-39 (2) the visiting [special] judge was [agreed on by
1-40 consent of the parties, elected, or] appointed; and
1-41 (3) [in addition to any oath previously taken,] the
1-42 oath of office prescribed by law for a retired or former judge who
1-43 is appointed as a visiting judge [the special judge, including a
1-44 person who is a retired, former, or active judge,] was duly
1-45 administered to the visiting [special] judge and filed with the
1-46 regional presiding judge.
1-47 SECTION 3. Subchapter B, Chapter 25, Government Code, is
1-48 amended by adding Section 25.00221 to read as follows:
1-49 Sec. 25.00221. VISITING JUDGE TO TAKE OATH; RECORD. (a)
1-50 This section applies to the assignment of a retired or former judge
1-51 as a visiting judge of a statutory probate court under Section
1-52 25.0022.
1-53 (b) A person who is a retired or former judge shall, before
1-54 accepting an assignment as a visiting judge of a statutory probate
1-55 court, take the oath of office required by the constitution and
1-56 file the oath with the presiding judge of the statutory probate
1-57 courts.
1-58 (c) The presiding judge shall maintain a file containing the
1-59 oaths of office filed with the judge under Subsection (b).
1-60 (d) A retired or former judge may be assigned as a visiting
1-61 judge of a statutory probate court only if the judge has filed with
1-62 the presiding judge an oath of office as required by this section.
1-63 (e) When a retired or former judge is appointed as a
1-64 visiting judge, the clerk shall enter in the minutes as a part of
2-1 the proceedings in the cause a record that gives the visiting
2-2 judge's name and shows that:
2-3 (1) the judge of the court was disqualified, absent,
2-4 or disabled to try the cause;
2-5 (2) the visiting judge was appointed; and
2-6 (3) the oath of office prescribed by law for a retired
2-7 or former judge who is appointed as a visiting judge was duly
2-8 administered to the visiting judge and filed with the presiding
2-9 judge.
2-10 SECTION 4. The change in law made by this Act applies only
2-11 to the assignment of a retired or former judge made on or after the
2-12 effective date of this Act. An assignment made before the
2-13 effective date of this Act is governed by the law in effect at the
2-14 time the assignment is made, and that law is continued in effect
2-15 for that purpose.
2-16 SECTION 5. This Act takes effect September 1, 1999.
2-17 SECTION 6. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.
2-22 * * * * *