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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for appointment as a visiting |
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statutory probate court judge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (t), Section 25.0022, Government |
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Code, is amended to read as follows: |
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(t) To be eligible for assignment under this section a |
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former or retired judge of a statutory probate court must: |
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(1) not have been removed from office; [and] |
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(2) certify under oath to the presiding judge, on a |
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form prescribed by the state board of regional judges, that: |
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(A) the judge has never been publicly reprimanded |
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or censured by the State Commission on Judicial Conduct; and |
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(B) the judge: |
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(i) did not resign or retire from office |
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after the State Commission on Judicial Conduct notified the judge |
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of the commencement of a full investigation into an allegation or |
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appearance of misconduct or disability of the judge [having
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received notice that formal proceedings by the State Commission on
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Judicial Conduct had been instituted] as provided in Section 33.022 |
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and before the final disposition of that investigation; or |
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(ii) if the judge did resign from office |
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under circumstances described by Subparagraph (i), was not publicly |
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reprimanded or censured as a result of the investigation; |
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(3) annually demonstrate that the judge has completed |
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in the past state fiscal year the educational requirements for an |
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active statutory probate court judge; |
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(4) have served as an active judge for at least 96 |
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months in a district, statutory probate, statutory county, or |
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appellate court; and |
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(5) have developed substantial experience in the |
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judge's area of specialty [the proceedings]. |
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SECTION 2. (a) The change in law made by this Act to |
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Subdivision (2), Subsection (t), Section 25.0022, Government Code, |
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and by adding Subdivisions (4) and (5), Subsection (t), Section |
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25.0022, Government Code, applies only to an assignment of a |
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visiting judge appointed under Chapter 25, Government Code, made on |
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or after September 1, 2007. An assignment made before September 1, |
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2007, is governed by Subsection (t), Section 25.0022, Government |
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Code, as it exists on the date of the assignment, and that law is |
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continued in effect for that purpose. |
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(b) The change in law made by this Act to Subdivision (2), |
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Subsection (t), Section 25.0022, Government Code, and by adding |
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Subdivisions (4) and (5), Subsection (t), Section 25.0022, |
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Government Code, does not apply to a person who immediately before |
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the effective date of this Act meets the eligibility requirements |
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to be assigned by the presiding judge under Subsection (h), Section |
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25.0022, Government Code, and the former law is continued in effect |
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for determining that person's eligibility for that purpose. |
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(c) The change in law made by this Act by adding Subdivision |
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(3), Subsection (t), Section 25.0022, Government Code, applies only |
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to an assignment of a visiting judge appointed under Chapter 25, |
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Government Code, made on or after September 1, 2008. An assignment |
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made before September 1, 2008, is governed by Subsection (t), |
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Section 25.0022, Government Code, as it exists on the date of the |
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assignment, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |