By: Wentworth S.B. No. 1459
(In the Senate - Filed March 10, 2005; March 21, 2005, read
first time and referred to Committee on Jurisprudence;
April 11, 2005, reported favorably by the following vote: Yeas 4,
Nays 0; April 11, 2005, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the assignment of certain visiting judges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 74.054, Government Code,
is 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 district, constitutional county, or
statutory county court judge in this state;
(2) a senior judge 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].
SECTION 2. The change in law made by this Act to Subsection
(a), Section 74.054, Government Code, applies only to the
assignment of a judge or justice under Chapter 74, 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 3. 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, 2005.
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