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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of a former or retired statutory |
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probate court judge 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; |
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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 as provided in |
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Section 33.022 and before the final disposition of that |
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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 72 [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. |
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SECTION 2. Section 25.0022(t), Government Code, as amended |
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by this Act, applies only to an assignment of a visiting judge under |
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Chapter 25, Government Code, 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 Section 25.0022(t), Government Code, as that section |
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existed on the date of the assignment, and that law is continued in |
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effect for that purpose. |
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SECTION 3. 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, 2011. |