H.B. No. 3306
AN ACT
relating to certain appropriations made in support of the courts by
the legislature to certain individuals and governmental entitites,
to the assignment and compensation of certain visiting judges, and
to the Eighth, Ninth, and Eleventh courts of appeals districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2(f), Article 11.071, Code of Criminal
Procedure, is amended to read as follows:
(f) The convicting court shall reasonably compensate as
provided by Section 2A an attorney appointed under this section,
regardless of whether the attorney is appointed by the convicting
court or was appointed by the court of criminal appeals under prior
law [as provided by Section 2A].
SECTION 2. Section 2A, Article 11.071, Code of Criminal
Procedure, is amended by adding Subsection (d) to read as follows:
(d) The comptroller shall reimburse a county for the
compensation and payment of expenses of an attorney appointed by
the court of criminal appeals under prior law. A convicting court
seeking reimbursement for a county as permitted by this subsection
shall certify the amount the county is entitled to receive under
this subsection for an application filed under this article, not to
exceed a total amount of $25,000.
SECTION 3. Section 3(d), Article 11.071, Code of Criminal
Procedure, is amended to read as follows:
(d) Counsel may incur expenses for habeas corpus
investigation, including expenses for experts, without prior
approval by the convicting court or the court of criminal appeals.
On presentation of a claim for reimbursement, which may be
presented ex parte, the convicting court shall order reimbursement
of counsel for expenses, if the expenses are reasonably necessary
and reasonably incurred. If the convicting court denies in whole or
in part the request for expenses, the court shall briefly state the
reasons for the denial in a written order provided to the applicant.
The applicant may request reconsideration of the denial for
reimbursement by the convicting court.
SECTION 4. Sections 22.201(i) and (l), Government Code, are
amended to read as follows:
(i) The Eighth Court of Appeals District is composed of the
counties of Andrews, Brewster, Crane, Crockett, Culberson,
[Ector,] El Paso, [Gaines, Glasscock,] Hudspeth, Jeff Davis,
Loving, [Martin, Midland,] Pecos, Presidio, Reagan, Reeves,
Terrell, Upton, Ward, and Winkler.
(l) The Eleventh Court of Appeals District is composed of
the counties of Baylor, Borden, Brown, Callahan, Coleman, Comanche,
Dawson, Eastland, Ector, Erath, Fisher, Gaines, Glasscock,
Haskell, Howard, Jones, Knox, Martin, Midland, Mitchell, Nolan,
Palo Pinto, Scurry, Shackelford, Stephens, Stonewall, Taylor, and
Throckmorton.
SECTION 5. Section 22.216(h), Government Code, is amended
to read as follows:
(h) The Court of Appeals for the Eighth Court of Appeals
District consists of a chief justice and two [three] justices.
SECTION 6. Section 22.216(i), Government Code, is amended
to read as follows:
(i) The Court of Appeals for the Ninth Court of Appeals
District consists of a chief justice and three [two] justices.
SECTION 7. The heading to Section 74.003, Government Code,
is amended to read as follows:
Sec. 74.003. ASSIGNMENT OF JUSTICES AND JUDGES FOR
APPELLATE COURTS [JUDGES].
SECTION 8. Section 74.003, Government Code, is amended by
amending Subsection (b) and adding Subsections (f), (g), and (h) to
read as follows:
(b) The chief justice of the supreme court may assign a
qualified retired justice or judge of the supreme court, of the
court of criminal appeals, or of a court of appeals to a court of
appeals for active service regardless of whether a vacancy exists
in the court to which the justice is assigned. To be eligible for
assignment under this subsection, a retired justice or judge must:
(1) have served as an active justice or judge for at
least 96 months in a district, statutory probate, statutory county,
or appellate court, with at least 48 of those months in an appellate
court;
(2) not have been removed from office;
(3) certify under oath to the chief justice of the
supreme court, on a form prescribed by the chief justice, that:
(A) the justice or judge has never been publicly
reprimanded or censured by the State Commission on Judicial
Conduct; and
(B) the justice or judge:
(i) did not resign or retire from office
after the State Commission on Judicial Conduct notified the justice
or judge of the commencement of a full investigation into an
allegation or appearance of misconduct or disability of the justice
or judge as provided in Section 33.022 and before the final
disposition of that investigation; or
(ii) if the justice or judge did resign from
office under circumstances described by Subparagraph (i), the
justice or judge was not publicly reprimanded or censured as a
result of the investigation;
(4) annually demonstrate that the justice or judge has
completed in the past state fiscal year the educational
requirements for active appellate court justices or judges; and
(5) certify to the chief justice of the supreme court a
willingness not to appear and plead as an attorney in any court in
this state for a period of two years.
(f) For the purposes of Subsection (b)(1), 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.
(g) Subsection (b)(1) does not apply to a retired justice of
the supreme court.
(h) Notwithstanding any other provision of law, an active
district court judge may be assigned to hear a matter pending in an
appellate court.
SECTION 9. Section 74.041, Government Code, is amended by
adding Subdivisions (4)-(7) to read as follows:
(4) "Active judge" means a person who is a current
judicial officeholder.
(5) "Former judge" means a person who has served as an
active judge in a district, statutory probate, statutory county, or
appellate court, but who is not a retired judge.
(6) "Retired judge" means:
(A) a retiree; or
(B) a person who served as an active judge for at
least 96 months in a statutory probate or statutory county court and
has retired under the Texas County and District Retirement System.
(7) "Senior judge" means a retiree who has elected to
be a judicial officer under Section 75.001.
SECTION 10. Section 74.053, Government Code, is amended to
read as follows:
Sec. 74.053. OBJECTION TO [ASSIGNED] JUDGE ASSIGNED TO A
TRIAL COURT. (a) When a judge is assigned to a trial court under
this chapter:
(1) the order of assignment must state whether the
judge is an active, former, retired, or senior judge; and
(2) the presiding judge shall, if it is reasonable and
practicable and if time permits, give notice of the assignment to
each attorney representing a party to the case that is to be heard
in whole or part by the assigned judge.
(b) If a party to a civil case files a timely objection to
the assignment, the judge shall not hear the case. Except as
provided by Subsection (d), each party to the case is only entitled
to one objection under this section for that case.
(c) An objection under this section must be filed not later
than the seventh day after the date the party receives actual notice
of the assignment or before the date the first hearing or trial,
including pretrial hearings, commences, whichever date occurs
earlier. The presiding judge may extend the time to file an
objection under this section on written motion by a party who
demonstrates good cause [over which the assigned judge is to
preside].
(d) An assigned [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 [not a retired judge] may not sit in a case if either party
objects to the judge or justice.
(e) An active judge assigned under this chapter is not
subject to an objection.
(f) For purposes of this section, notice of an assignment
may be given and an objection to an assignment may be filed by
electronic mail.
(g) In this section, "party" includes multiple parties
aligned in a case as determined by the presiding judge.
SECTION 11. Sections 74.054(a) and (b), Government Code,
are amended to read as follows:
(a) Except as provided by Subsections (b) and (c), the
following judges may be assigned as provided by this chapter by the
presiding judge of the administrative region in which the assigned
judge resides:
(1) an active [a regular] district, constitutional
county, or statutory county court judge in this state;
(2) a senior judge [a district or appellate judge who
is a retiree under Subtitle D or E of Title 8,] who has consented to
be subject to assignment[,] and who is on the list maintained by the
presiding judge under this chapter;
(3) a former district or appellate judge, retired or
former statutory probate court judge, or retired or former
statutory county court judge who certifies to the presiding judge a
willingness to serve and who is on the list maintained by the
presiding judge as required by this chapter;
(4) a retiree or a former judge whose last judicial
office before retirement was justice or judge of the supreme court,
the court of criminal appeals, or a court of appeals and who has
been assigned by the chief justice to the administrative judicial
region in which the retiree or former judge resides for
reassignment by the presiding judge of that region to a district or
statutory county court in the region; and
(5) an active judge or justice of the supreme court,
the court of criminal appeals, or a court of appeals who has had
trial court experience.
(b) An active [A regular] statutory county court judge may
not be assigned to hear a matter pending in a district court outside
the county of the judge's residence.
SECTION 12. Section 74.055, Government Code, is amended by
amending Subsections (c) and (e) and adding Subsections (f) and (g)
to read as follows:
(c) To be eligible to be named on the list, a retired or
former judge must:
(1) have served as an active [a] judge for at least 96
[48] months in a district, statutory probate, statutory county, or
appellate court;
(2) have developed substantial experience in the
judge's area of specialty;
(3) not have been removed from office;
(4) certify under oath to the presiding judge, on a
form prescribed by the state board of regional judges, that:
(A) the judge has never been publicly reprimanded
or censured by the State Commission on Judicial Conduct; and
(B) the judge:
(i) did not resign or retire from office
after [having received notice that formal proceedings by] the State
Commission on Judicial Conduct notified the judge of the
commencement of a full investigation into an allegation or
appearance of misconduct or disability of the judge [had been
instituted] as provided in Section 33.022 and before the final
disposition of that investigation; or
(ii) if the judge did resign from office
under circumstances described by Subparagraph (i), was not publicly
reprimanded or censured as a result of the investigation [the
proceedings];
(5) annually demonstrate that the judge has completed
in the past state fiscal [calendar] year the educational
requirements for active district, statutory probate, and statutory
county court judges; and
(6) certify to the presiding judge a willingness not
to appear and plead as an attorney in any court in this state for a
period of two years.
(e) 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 [by the
governor] to preside.
(f) A former or retired judge is ineligible to be named on
the list if the former or retired judge is identified in a public
statement issued by the State Commission on Judicial Conduct as
having resigned or retired from office in lieu of discipline.
(g) A former or retired judge named on the list shall
immediately notify the presiding judge of a full investigation by
the State Commission on Judicial Conduct into an allegation or
appearance of misconduct or disability by the judge. A judge who
does not notify the presiding judge of an investigation as required
by this subsection is ineligible to remain on the list.
SECTION 13. Section 74.061, Government Code, is amended by
amending Subsections (c) and (d) and adding Subsections (j) and (k)
to read as follows:
(c) The salary of a retired judge or justice while assigned
under this chapter shall be paid out of money appropriated from the
general revenue fund for that purpose in an amount equal to the
compensation received from state and county sources of the judge of
the court to which he is assigned. The salary of a retired judge or
justice while assigned shall be determined pro rata for the period
of time that the judge or justice actually sits as the assigned
judge. The salary of a retired statutory county court judge
assigned under this chapter to serve in a district court [or
statutory county court] shall be paid by the state in the same
manner as the salary of a retired district judge assigned under this
chapter to serve in a district court [or statutory county court] is
paid by the state.
(d) For services actually performed while assigned under
this chapter, a retired or former judge or justice shall receive
from county funds and money appropriated by the legislature the
same amount of salary, compensation, and expenses that the regular
judge is entitled to receive from the county and from the state for
those services. The presiding judge of the administrative region
shall certify to the county and the state the services rendered
under this chapter by a retired or former judge or justice and the
share to be paid by the state. The amount certified by the
presiding judge as the state's share shall be paid from an item in
the Judicial Section--Comptroller's Department of the General
Appropriations Act for the payment of salaries of district and
criminal district judges.
(j) A judge or justice who sits as an assigned judge for half
a day or less shall be compensated in an amount that is equal to
one-half of the amount to which a judge or justice is entitled for
sitting as an assigned judge for a full day under this section.
(k) Notwithstanding any other provision of law, a former,
retired, or active judge is not entitled to compensation paid by the
state when the judge sits as an assigned judge for a statutory
county court.
SECTION 14. Section 75.551, Government Code, is amended to
read as follows:
Sec. 75.551. OBJECTION TO JUDGE OR JUSTICE ASSIGNED TO AN
APPELLATE COURT. (a) When a judge or justice is assigned to an
appellate court under this chapter or Chapter 74:
(1) the order of assignment must state whether the
judge or justice is an active, former, retired, or senior judge or
justice; and
(2) [,] the person who assigns the judge or justice
shall, if it is reasonable and practicable and if time permits, give
notice of the assignment to each attorney representing a party to
the case that is to be heard in whole or part by the assigned judge
or justice.
(b) A judge or justice assigned to an appellate court may
not hear a civil case if a party to the case files a timely objection
to the assignment of the judge or justice. Except as provided by
Subsection (d), [:
[(1)] each party to the case is entitled to only one
objection under this section for that case in the appellate court[;
and
[(2) a party to an appeal may not in the same case
object in an appellate court to the assignment of a judge or justice
under Section 74.053(b) and under this subsection].
(c) An objection under this section must be filed not later
than the seventh day after the date the party receives actual notice
of the assignment or before the date the case is submitted to the
court, whichever date occurs earlier. The court may extend the time
to file an objection under this section on a showing of good cause
[first hearing in which the assigned judge or justice is assigned to
sit].
(d) 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 [not
a retired judge or justice] may not sit in an appellate case if
either party objects to the judge or justice.
(e) An active judge or justice assigned under this chapter
is not subject to an objection.
(f) For purposes of this section, notice of an assignment
may be given and an objection to an assignment may be filed by
electronic mail.
(g) In this section, "party" includes multiple parties
aligned in a case as determined by the appellate court.
SECTION 15. Section 74.055(d), Government Code, is
repealed.
SECTION 16. The amounts or entitlements required by statute
for individuals or entities that receive state funds under Article
IV of the General Appropriations Act may be reduced or eliminated in
order to achieve a balanced budget.
SECTION 17. An active, former, or retired visiting judge or
justice is not entitled to an amount from the state for expenses,
per diem, travel, or salary that exceeds the amount authorized for
those purposes by the General Appropriations Act.
SECTION 18. A local administrative district judge is not
entitled to a salary from the state under Section 659.0125,
Government Code, that exceeds the amount authorized for that salary
by the General Appropriations Act.
SECTION 19. An active district judge is not entitled to
travel expenses under Section 24.019, Government Code, in an amount
that exceeds the amount authorized for those expenses by the
General Appropriations Act.
SECTION 20. A judge, justice, or prosecuting attorney is
not entitled to an amount from the state for a salary, a salary
supplement, office expenses or reimbursement of office expenses, or
travel that exceeds the amount authorized for those purposes by the
General Appropriations Act.
SECTION 21. (a) A county is not entitled to receive from
the state supplemental salary compensation for county prosecutors
under Section 46.0031, Government Code, or longevity pay
supplements reimbursement under Section 41.255, Government Code,
or any other supplements for prosecutors, in an amount that exceeds
the amount appropriated for those purposes by the General
Appropriations Act.
(b) A county is not entitled to state contributions for
salaries or supplements under Chapter 25 or 26, Government Code, in
an amount that exceeds the amounts appropriated for those purposes
in the General Appropriations Act.
(c) A county is not entitled to reimbursement under Article
11.071, Code of Criminal Procedure, for reimbursement for
compensation and payment of expenses of counsel under Article
11.071, Code of Criminal Procedure, for counsel appointed under
that article or prior law in an amount that exceeds the amount
appropriated for that purpose in the General Appropriations Act.
SECTION 22. A person reimbursed by the state for travel and
expenses for attendance as a witness as provided by Article 35.27,
Code of Criminal Procedure, is not entitled to an amount that
exceeds the amount appropriated for that purpose by the General
Appropriations Act.
SECTION 23. (a) The change in law made by this Act to
Sections 74.053 and 75.551, Government Code, applies only to a case
that is pending or commences on or after the effective date of this
Act.
(b) Except as provided by Subsection (c) of this section,
the change in law made by this Act to Sections 74.003, 74.054, and
74.055, Government Code, applies only to the assignment of a judge
or justice under Chapter 74 or 75, Government Code, made on or after
the effective date of this Act. An assignment made before the
effective date of this Act is governed by the law in effect at the
time the assignment is made, and that law is continued in effect for
that purpose.
(c) The change in law made by this Act to Sections 74.003,
74.054, and 74.055, Government Code, does not apply to a person who
immediately before the effective date of this Act meets the
eligibility requirements to be assigned by the chief justice of the
supreme court under Section 74.003(b) or Chapter 75, Government
Code, or to be named on a list of retired and former judges under
Section 74.055(c), Government Code, other than the certification
requirement under Section 74.055(c)(6), Government Code, and the
former law is continued in effect for determining that person's
eligibility for those purposes.
SECTION 24. Section 74.061, Government Code, as amended by
this Act, applies only to the assignment of a judge or justice under
Chapter 74 or 75, Government Code, made on or after the effective
date of this Act. An assignment made before the effective date of
this Act is governed by the law in effect at the time the assignment
is made, and that law is continued in effect for that purpose.
SECTION 25. Notwithstanding Section 22.216(h), Government
Code, as amended by this Act, the Eighth Court of Appeals consists
of a chief justice and three justices until a vacancy occurs or the
term of a justice expires, whichever occurs first. Section
22.216(h), Government Code, as amended by this Act, does not affect
the office of a justice of the Eighth Court of Appeals serving on
September 1, 2003, and the justice, unless otherwise removed,
continues to serve for the term to which the justice was elected.
SECTION 26. This Act does not affect the jurisdiction on
appeal of any case from a county that is transferred by this Act to a
different court of appeals district if the notice of appeal for the
case was filed before the effective date of this Act in the
appropriate court of appeals district.
SECTION 27. (a) Except as provided by Subsection (b), this
Act takes effect immediately if it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39,
Article III, Texas Constitution. If this Act does not receive the
vote necessary for immediate effect, this Act takes effect
September 1, 2003.
(b) Sections 4, 5, and 13 of this Act take effect September
1, 2003, and Section 6 of this Act takes effect January 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3306 was passed by the House on May
10, 2003, by the following vote: Yeas 131, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3306 on May 29, 2003, by the following vote: Yeas 142, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3306 was passed by the Senate, with
amendments, on May 27, 2003, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor