By:  Duncan                                            S.B. No. 263
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the assignment of certain retired or former judges as
 1-2     visiting judges.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 74.003, Government Code, is amended by
 1-5     amending Subsection (b) and adding Subsection (f) to read as
 1-6     follows:
 1-7           (b)  The chief justice of the supreme court may assign a
 1-8     qualified retired justice or judge of the supreme court, of the
 1-9     court of criminal appeals, or of a court of appeals to a court of
1-10     appeals for active service regardless of whether a vacancy exists
1-11     in the court to which the justice is assigned.  To be eligible for
1-12     assignment under this subsection, a retired justice or judge must:
1-13                 (1)  have served as an active justice or judge for at
1-14     least 96 months in a district, statutory probate, statutory county,
1-15     or appellate court, including at least 48 months in an appellate
1-16     court;
1-17                 (2)  not have been removed from office;
1-18                 (3)  certify under oath to the chief justice of the
1-19     supreme court, on a form prescribed by the chief justice, that the
1-20     justice or judge did not resign from office after having received
1-21     notice that formal proceedings by the State Commission on Judicial
1-22     Conduct had been instituted as provided in Section 33.022 and
1-23     before the final disposition of the proceedings;
1-24                 (4)  annually demonstrate that the justice or judge has
 2-1     completed in the past calendar year the educational requirements
 2-2     for active appellate court justices or judges; and
 2-3                 (5)  certify to the chief justice of the supreme court
 2-4     a willingness not to appear and plead as an attorney in any court
 2-5     in this state for a period of two years.
 2-6           (f)  For the purposes of Subsection (b)(1), a month of
 2-7     service is calculated as a calendar month or a portion of a
 2-8     calendar month in which a justice or judge was authorized by
 2-9     election or appointment to preside.
2-10           SECTION 2.  Section 74.053, Government Code, is amended to
2-11     read as follows:
2-12           Sec. 74.053.  OBJECTION TO [ASSIGNED] JUDGE ASSIGNED TO A
2-13     TRIAL COURT.  (a)  When a judge is assigned to a trial court under
2-14     this chapter the presiding judge shall, if it is reasonable and
2-15     practicable and if time permits, give notice of the assignment to
2-16     each attorney representing a party to the case that is to be heard
2-17     in whole or part by the assigned judge.
2-18           (b)  If a party to a civil case files a timely objection to
2-19     the assignment, the judge shall not hear the case.  Except as
2-20     provided by Subsection (d), each party to the case is only entitled
2-21     to one objection under this section for that case.
2-22           (c)  An objection under this section must be filed not later
2-23     than the seventh day after the date that the party receives actual
2-24     notice of the assignment or, if seven days' notice is not given,
2-25     before the first hearing or trial, including pretrial hearings,
2-26     commences, whichever occurs earlier.  The presiding judge may
 3-1     extend the time to file an objection under this section on written
 3-2     motion by a party who demonstrates good cause [over which the
 3-3     assigned judge is to preside].
 3-4           (d)  An assigned [A former] judge or justice who was defeated
 3-5     in the last primary or general election for which the judge or
 3-6     justice was a candidate for the judicial office held by the judge
 3-7     or justice [not a retired judge] may not sit in a case if either
 3-8     party objects to the judge or justice.
 3-9           (e)  In this section, "party" includes multiple parties
3-10     aligned in a case as determined by the presiding judge.
3-11           (f)  In addition to other methods of service permitted,
3-12     notice and objections under this section may be served by
3-13     electronic mail.
3-14           SECTION 3.  Subsections (c) and (e), Section 74.055,
3-15     Government Code, are amended to read as follows:
3-16           (c)  To be eligible to be named on the list, a retired or
3-17     former judge must:
3-18                 (1)  have served as an active [a] judge for at least 96
3-19     [48] months in a district, statutory probate, statutory county, or
3-20     appellate court;
3-21                 (2)  have developed substantial experience in the
3-22     judge's area of specialty;
3-23                 (3)  not have been removed from office;
3-24                 (4)  certify under oath to the presiding judge, on a
3-25     form prescribed by the state board of regional judges, that the
3-26     judge did not resign from office after having received notice that
 4-1     formal proceedings by the State Commission on Judicial Conduct had
 4-2     been instituted as provided in Section 33.022 and before the final
 4-3     disposition of the proceedings;
 4-4                 (5)  annually demonstrate that the judge has completed
 4-5     in the past calendar year the educational requirements for active
 4-6     district, statutory probate, and statutory county court judges; and
 4-7                 (6)  certify to the presiding judge a willingness not
 4-8     to appear and plead as an attorney in any court in this state for a
 4-9     period of two years.
4-10           (e)  For purposes of Subsection (c)(1), a month of service is
4-11     calculated as a calendar month or a portion of a calendar month in
4-12     which a judge was authorized by election or appointment [by the
4-13     governor] to preside.
4-14           SECTION 4.  Section 75.551, Government Code, is amended to
4-15     read as follows:
4-16           Sec. 75.551.  OBJECTION TO JUDGE OR JUSTICE ASSIGNED TO AN
4-17     APPELLATE COURT.  (a)  When a judge or justice is assigned to an
4-18     appellate court under this chapter or Chapter 74, the person who
4-19     assigns the judge or justice shall, if it is reasonable and
4-20     practicable and if time permits, give notice of the assignment to
4-21     each attorney representing a party to the case that is to be heard
4-22     in whole or part by the assigned judge or justice.
4-23           (b)  A judge or justice assigned to an appellate court may
4-24     not hear a civil case if a party to the case files a timely
4-25     objection to the assignment of the judge or justice.  Except as
4-26     provided by Subsection (d):
 5-1                 (1)  each party to the case is entitled to only one
 5-2     objection under this section for that case in the appellate court;
 5-3     and
 5-4                 (2)  a party to an appeal may not in the same case
 5-5     object in an appellate court to the assignment of a judge or
 5-6     justice under Section 74.053(b) and under this subsection.
 5-7           (c)  An objection under this section must be filed not later
 5-8     than the seventh day after the date that the party receives actual
 5-9     notice of the assignment or, if seven days' notice is not given,
5-10     before the case is submitted to the court, whichever occurs
5-11     earlier.  The court may extend the time to file an objection under
5-12     this section on a showing of good cause [first hearing in which the
5-13     assigned judge or justice is assigned to sit].
5-14           (d)  A [former] judge or justice who was defeated in the last
5-15     primary or general election for which the judge or justice was a
5-16     candidate for the judicial office held by the judge or justice [not
5-17     a retired judge or justice] may not sit in an appellate case if
5-18     either party objects to the judge or justice.
5-19           (e)  In this section, "party" includes multiple parties
5-20     aligned in a case as determined by the appellate court.
5-21           (f)  In addition to other methods of service permitted,
5-22     notice and objections under this section may be served by
5-23     electronic mail.
5-24           SECTION 5.  Subsection (d), Section 74.055, Government Code,
5-25     is repealed.
5-26           SECTION 6.  (a)  The change in law made by Sections 2 and 4
 6-1     of this Act applies only to a case that is pending or commences on
 6-2     or after the effective date of this Act.
 6-3           (b)  Except as provided by Subsection (c) of this section,
 6-4     the change in law made by Sections 1, 3, and 5 of this Act applies
 6-5     only to the assignment of a judge or justice under Chapter 74 or
 6-6     75, Government Code, made on or after the effective date of this
 6-7     Act.  An assignment made before the effective date of this Act is
 6-8     governed by the law in effect at the time the assignment is made,
 6-9     and that law is continued in effect for that purpose.
6-10           (c)  The change in law made by Sections 1, 3, and 5 of this
6-11     Act does not apply to a person who immediately before the effective
6-12     date of this Act meets the eligibility requirements to be assigned
6-13     as a visiting judge by the chief justice of the supreme court under
6-14     Subsection (b), Section 74.003, or Chapter 75, Government Code, or
6-15     to be named on a list of retired and former judges under Subsection
6-16     (c), Section 74.055, Government Code, other than the certification
6-17     requirement under Subdivision (6), Subsection (c), Section 74.055,
6-18     Government Code, and the former law is continued in effect for
6-19     determining that person's eligibility for those purposes.
6-20           SECTION 7.  This Act takes effect September 1, 1999.
6-21           SECTION 8.  The importance of this legislation and the
6-22     crowded condition of the calendars in both houses create an
6-23     emergency and an imperative public necessity that the
6-24     constitutional rule requiring bills to be read on three several
6-25     days in each house be suspended, and this rule is hereby suspended.