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A BILL TO BE ENTITLED
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AN ACT
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relating to the qualifications to serve as an associate judge or |
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visiting associate judge in certain family law proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 201.1021, Family Code, |
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is amended to read as follows: |
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(a) To be eligible for appointment under this subchapter, a |
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person must be[:
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[(1)] a citizen of the United States, [and] have |
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resided in this state [the administrative judicial region, or a
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county adjacent to the region, in which the court to which the
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person is appointed is located] for the two years preceding the date |
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of appointment,[;] and be: |
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(1) eligible for assignment under Section 74.054, |
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Government Code, because the person is named on the list of retired |
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and former judges maintained by the presiding judge of the |
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administrative region under Section 74.055, Government Code; or |
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(2) licensed to practice law in this state and have |
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been a practicing lawyer in this state, or a judge of a court in this |
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state who is not otherwise eligible under Subdivision (1), for the |
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four years preceding the date of appointment. |
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SECTION 2. Subsection (b), Section 201.113, Family Code, is |
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amended to read as follows: |
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(b) A person is not eligible for appointment under this |
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section unless the person has served as a [child support] master or |
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associate judge under this chapter, a district judge, or a |
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statutory county court judge for at least two years before the date |
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of appointment. |
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SECTION 3. Subsection (a), Section 201.2021, Family Code, |
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is amended to read as follows: |
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(a) To be eligible for appointment under this subchapter, a |
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person must be[:
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[(1)] a citizen of the United States, [and] have |
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resided in this state [the administrative judicial region, or a
|
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county adjacent to the region, in which the court to which the
|
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person is appointed is located] for the two years preceding the date |
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of appointment,[;] and be: |
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(1) eligible for assignment under Section 74.054, |
|
Government Code, because the person is named on the list of retired |
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and former judges maintained by the presiding judge of the |
|
administrative region under Section 74.055, Government Code; or |
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(2) licensed to practice law in this state and have |
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been a practicing lawyer in this state, or a judge of a court in this |
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state who is not otherwise eligible under Subdivision (1), for the |
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four years preceding the date of appointment. |
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SECTION 4. Subsection (c), Section 201.208, Family Code, is |
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amended to read as follows: |
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(c) A person is not eligible for appointment under this |
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section unless the person has served as a master or [an] associate |
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judge under this chapter, a district judge, or a statutory county |
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court judge for at least two years before the date of appointment. |
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SECTION 5. The changes in law made by this Act to Subsection |
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(a), Section 201.1021, and Subsection (a), Section 201.2021, Family |
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Code, apply only to the appointment of an associate judge under |
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Subchapter B or C, Chapter 201, Family Code, on or after the |
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effective date of this Act. The appointment of an associate judge |
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before that date is governed by the law in effect on the date the |
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appointment was made, and the former law is continued in effect for |
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that purpose. |
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SECTION 6. The changes in law made by this Act to Subsection |
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(b), Section 201.113, and Subsection (c), Section 201.208, Family |
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Code, apply only to the appointment of a visiting associate judge |
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under Subchapter B or C, Chapter 201, Family Code, on or after the |
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effective date of this Act. The appointment of a visiting associate |
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judge before that date is governed by the law in effect on the date |
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the appointment was made, and the former law is continued in effect |
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for that purpose. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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