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.
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