SRC-BWC S.B. 397 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 397
77R4142 JMC-FBy: Duncan
Jurisprudence
2/2/2001
As Filed


DIGEST AND PURPOSE 

Currently, Texas law allows retired and former judges to participate in the
visiting judge program (program).  As proposed, S.B. 397 sets eligibility
requirements, including at least 96 months of experience in a district,
statutory probate, statutory county, or appellate court, for retired and
former judges who participate in the program to ensure that the program
consists of qualified and experienced judges.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 74.003, Government Code, by amending Subsection
(b) and adding Subsection (f), to require a retired justice or judge, who
is to be assigned for active service by the chief justice of the supreme
court, to meet certain requirements under this subsection.  Provides that
for the purposes of this section, a month of service is calculated as a
calendar month or a portion of a calendar month in which a justice or judge
was authorized by election or appointment to preside. 

SECTION 2.  Amends Section 74.053, Government Code, as follows:

Sec. 74.053.  New heading:  OBJECTION TO JUDGE ASSIGNED TO A TRIAL COURT.
Requires an objection to be filed not later than the seventh day after the
date that the party receives actual notice of the assignment or before the
date that the first hearing or trial, including pretrial hearings,
commences, whichever date occurs earlier.  Authorizes the presiding judge
to extend the time to file an objection under this section on written
motion by a party who demonstrates good cause.  Deletes text regarding
trials or hearings over which the assigned judge is to preside.  Prohibits
an assigned, rather than a former, judge or justice who was defeated in the
last primary or general election for which the judge or justice was a
candidate for the judicial office held by the judge or justice, rather than
not a retired judge, from sitting in a case if either party objects to the
judge or justice.  Defines "party."  Authorizes a notice of an assignment
and an objection to an assignment to be filed by electronic mail.  Makes a
conforming change. 

SECTION 3.  Amends Section 74.055(c) and (e), Government Code, by requiring
a retired or former judge to have served as an active judge for at least
96, rather than 48, months in a district, statutory probate, statutory
county, or appellate court, in order to be eligible to be named on the
list.  Provides that for purposes of Subsection (c) (1), a month of service
is calculated as a calendar month or a portion of a calendar month in which
a judge was authorized by election or appointment, rather than by the
governor, to preside.   

SECTION 4.  Amends Section 75.551, Government Code, by prohibiting a judge
or justice, rather than former judge or justice, who was defeated in the
last primary or general election for the judicial  office previously held
by the judge or justice, from sitting in an appellate case if either party
objects to the judge or justice.  Deletes text regarding the first hearing
in which the assigned judge or justice is assigned to sit.  Makes
conforming changes.  

SECTION 5.  Repealer:  Section 74.055(d) (List of Retired and Former Judges
Subject to Assignment), Government Code.  

SECTION 6.  Makes application of this Act prospective.

SECTION 7.  Effective date:  September 1, 2001.