BILL ANALYSIS
Senate Research Center S.B. 549
80R4486 YDB-D By: Hegar
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under current law, a visiting judge for a district court (visiting judge) is only authorized to conduct proceedings at the county seat of the county in which the case is pending, even if all involved parities are agreeable to a venue change. This restriction has resulted in logistical and travel complications.
As proposed, S.B. 549 authorizes a visiting judge to conduct proceedings at the county seat of a county other than the county in which a case is pending if all parties to the case agree in writing. This bill provides for the district judge of the district court in which the case is pending to approve or disapprove the venue change and provides for the objection of any of the above referenced parties to prohibit the venue change.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter A, Chapter 24, Government Code, by adding Section 24.023, as follows:
Sec. 24.023. LOCATION OF PROCEEDINGS CONDUCTED BY VISITING JUDGE. Authorizes a visiting judge for a district court to conduct proceedings at the county seat of a county other than the county in which a case is pending if authorized by Section 7 (Judicial Districts; District Judges; Terms or Sessions; Absence, Disability, or Disqualification of Judge), Article V, Texas Constitution.
SECTION 2. Effective date: January 1, 2009, contingent upon approval by the voters of the constitutional amendment relating to allowing a visiting judge of a district court to hold proceedings at the county seat of a county other than the county in which a case is pending on the written agreement of all parties to the case and approval by the judge.