HBA-LCA H.B. 3107 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3107
By: Longoria
Judicial Affairs
4/22/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a regional administrative judge or a chief justice may select a
visiting judge (a former or retired judge) for assignment to district
courts under the Court Administration Act (Chapter 74, Government Code).  

To guard against the possibility of personal bias in making such a
selection, H.B. 3107 requires a presiding judge or chief justice to give
preference to judges in a certain order when making assignments.  The
prescribed order gives first preference to a retired judge, then to a judge
who was elected to serve in the county or district in which the assignment
is made and who served for at least eight years as an elected judge and was
not removed from office, and then to a judge who was elected to a regular
term of office and was not removed from office. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 74.052, Government Code, by adding Subsection
(b), to require a presiding judge of an administrative region or the chief
justice to give preference, when assigning judges under Chapter 74,
Government Code (Court Administration Act), in a certain prescribed order.
Specifies the order of preference, beginning with a judge described in this
subsection who was elected to serve as a judge in the county or district in
which the assignment is made. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.