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A BILL TO BE ENTITLED
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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 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 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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SECTION 3. This Act takes effect September 1, 2009. |