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AN ACT
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relating to eligibility for assignment as a visiting judge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.0022(t), Government Code, is amended |
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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 not 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 Chapter 315 (H.B. |
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3306), Acts of the 78th Legislature, Regular Session, 2003, to |
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Section 74.055(c)(1), Government Code, does not apply to a person |
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who: |
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(1) was serving a term as an active judge described by |
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Section 74.054(a)(1), Government Code, on August 31, 2003; and |
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(2) on completion of that term, met the eligibility |
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requirements, other than the requirement of Section 74.055(c)(6), |
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Government Code, to be named on a list of retired and former judges |
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under Section 74.055(c), Government Code, as that law existed on |
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August 31, 2003. |
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(b) Section 74.055(c), Government Code, as it existed on |
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August 31, 2003, is continued in effect for determining the |
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eligibility of a person described by Subsection (a) of this section |
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to be named on the list of retired and former judges subject to |
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assignment. |
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SECTION 3. (a) The change in law made by this Act by |
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amending Section 25.0022(t)(2), Government Code, and by adding |
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Sections 25.0022(t)(4) and (5), Government Code, applies only to an |
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assignment of a visiting judge appointed under Chapter 25, |
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Government Code, made on or after September 1, 2009. An assignment |
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made before September 1, 2009, is governed by Section 25.0022(t), |
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Government Code, as it exists on the date of the assignment, and |
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that law is continued in effect for that purpose. |
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(b) The change in law made by this Act by amending Section |
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25.0022(t)(2), Government Code, and by adding Sections |
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25.0022(t)(4) and (5), Government Code, does not apply to a person |
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who immediately before the effective date of this Act meets the |
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eligibility requirements to be assigned by the presiding judge |
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under Section 25.0022(h), Government Code, and the former law is |
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continued in effect for determining that person's eligibility for |
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that purpose. |
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(c) The change in law made by this Act by adding Section |
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25.0022(t)(3), 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, 2010. Except as provided by Subsection (b) of |
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this section, an assignment made before September 1, 2010, is |
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governed by Section 25.0022(t), Government Code, as it exists on |
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the date of the assignment, and that law is continued in effect for |
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that purpose. |
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(d) Section 25.0022(t)(2)(A), Government Code, as added by |
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this Act, applies only to a reprimand or censure issued by the State |
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Commission on Judicial Conduct on or after the effective date of |
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this Act. |
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SECTION 4. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 764 was passed by the House on April |
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21, 2009, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 764 on May 29, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 764 on May 31, 2009, by the following vote: Yeas 140, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 764 was passed by the Senate, with |
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amendments, on May 26, 2009, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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764 on May 31, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |