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


Senate Research CenterC.S.S.B. 941
77R9394 QS-DBy: Lindsay
Jurisprudence
4/10/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Under current 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.  C.S.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(x), Government Code, to add certifying
to the presiding judge, both, a willingness not to appear and plead as an
attorney in any court in the judge's county of residence or a contiguous
county for a period of two years and a willingness not to 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 or a contiguous county for
a period of two years to the conditions required of a former or retired
judge of a statutory probate court in order to be eligible for assignment
under this section.  

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

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Differs from the original by amending previously proposed
changes to provisions regarding eligibility of certain former or retired
judges for assignment as a visiting judge. 

SECTION 2.  No change.