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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 retired or former judge for |
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assignment in certain proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.055(c), Government Code, is amended |
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to read as follows: |
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(c) To be eligible to be named on the list, a retired or |
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former judge must: |
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(1) 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; |
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(2) have developed substantial experience in the |
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judge's area of specialty; |
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(3) not have been removed from office; |
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(4) [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
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reprimanded or censured by the State Commission on Judicial
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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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[(5)] annually demonstrate that the judge has |
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completed in the past state fiscal year the educational |
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requirements for active district, statutory probate, and statutory |
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county court judges; and |
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(5) [(6)] certify to the presiding judge a willingness |
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not to appear and plead as an attorney in any court in this state for |
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a period of two years. |
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SECTION 2. Section 74.0551(a), Government Code, is amended |
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to read as follows: |
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(a) The two-year period provided for in Section |
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74.055(c)(5) [74.055(c)(6)] is from January 1 of one year through |
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December 31 of the next year. |
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SECTION 3. Section 74.055(f), Government Code, is repealed. |
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SECTION 4. This Act applies only to the appointment of a |
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retired or former judge that occurs on or after the effective date |
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of this Act. The appointment of a retired or former judge before |
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the effective date of this Act is governed by the law in effect when |
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the judge was appointed, and that law is continued in effect for |
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that purpose. |
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SECTION 5. 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, 2017. |