SRC-JBJ S.B. 941 77(R)BILL ANALYSIS


Senate Research CenterS.B. 941
By: Lindsay
Jurisprudence
5/30/2001
Enrolled


DIGEST AND PURPOSE 

Under Texas statutes, certain former or retired probate judges are
authorized to both practice law and sit as a visiting judge.  This allows
for a potential conflict of interest.  S.B. 941 amends the conditions of
eligibility for assignment as a visiting judge to include the requirement
that the judge certify to the presiding judge a willingness to accept
certain conditions. 

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 25.0022, Government Code, by adding Subsection
(y), to require a former or retired judge of a statutory probate court, in
addition to the eligibility requirements under Subsection (x) to be
eligible for assignment under this section in the judge's county of
residence, to certify to the presiding judge a willingness not to appear
and plead as an attorney in any court in the judge's county of residence
for a period of two years and accept appointment as a guardian ad litem,
guardian of the estate of an incapacitated person, or guardian of the
person of an incapacitated person in any court in the judge's county of
residence for a period of two years. 

SECTION 2.  Effective date: September 1, 2001.
            Makes application of this Act prospective.