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A BILL TO BE ENTITLED
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AN ACT
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relating to the assignment of a visiting judge in a criminal matter. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.054, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (e) to read as |
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follows: |
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(a) Except as provided by Subsections (b), [and] (c), and |
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(e), the following judges may be assigned as provided by this |
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chapter by the presiding judge of the administrative region in |
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which the assigned judge resides: |
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(1) an active district, constitutional county, or |
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statutory county court judge in this state; |
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(2) a senior judge who has consented to be subject to |
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assignment and who is on the list maintained by the presiding judge |
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under this chapter; |
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(3) a former district or appellate judge, retired or |
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former statutory probate court judge, or retired or former |
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statutory county court judge who certifies to the presiding judge a |
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willingness to serve and who is on the list maintained by the |
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presiding judge as required by this chapter; |
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(4) a retiree or a former judge whose last judicial |
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office before retirement was justice or judge of the supreme court, |
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the court of criminal appeals, or a court of appeals and who has |
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been assigned by the chief justice to the administrative judicial |
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region in which the retiree or former judge resides for |
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reassignment by the presiding judge of that region to a district or |
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statutory county court in the region; and |
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(5) an active judge or justice of the supreme court, |
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the court of criminal appeals, or a court of appeals who has had |
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trial court experience. |
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(e) An active, retired, or former statutory county court |
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judge or an active constitutional county court judge may not be |
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assigned to hear a criminal matter if the court in which the judge |
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currently serves or previously served, as applicable, does not or, |
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at the time the judge served the court, did not, have jurisdiction |
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to hear the matter. |
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SECTION 2. The changes in law made by this Act apply only to |
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the assignment of a judge made on or after the effective date of |
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this Act. An assignment made before the effective date of this Act |
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is governed by the law in effect at the time the assignment was |
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made, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |