HBA-NLM, BTC H.B. 600 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 600
By: Gallego
Judicial Affairs
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas Government Code allows the use of regular, retired, or
former judges to hear cases assigned by the chief justice of the supreme
court, presiding judge of the court of criminal appeals or a presiding
judge of an administrative region.  Although there are certain restrictions
regarding who can hear a  case, there is concern that these limitations are
not adequate to prevent the appointment of judges to hear cases for which
they have limited or no experience.  H.B. 600 prohibits the assignment of
regular, retired, or former judges to hear cases in a court with which they
have no previous experience. This bill places limits on the appointments to
insure that those appointed have experience in the courts where they are
assigned and are not assigned contrary to electoral decisions. 

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 Sections 74.054(b) and (c), Government Code, as follows:
(b)  Prohibits a regular, retired, or former district court judge from
being assigned to an appellate court and a retired or former statutory
county court judge from being assigned to an appellate or district court.
Makes a conforming change. 

(c) Specifies that a regular, retired, or former constitutional county
court judge may only be assigned to sit for another constitutional county
court judge and must be a licensed attorney in the state. 

SECTION 2.  Amends Section 74.055, Government Code, by adding Subsection
(f) to prohibit a former district, constitutional county, or statutory
county court judge from being assigned as a visiting judge in a county if
the former judge has been defeated for reelection as a judge in that
county. 

SECTION 3.  Amends Section 75.002 (a), Government Code, to provide that if
a retiree makes an election for a judicial assignment under Section 75.001
(Judicial Retiree Election to be Judicial Officer), and the retiree's last
judicial office before retirement was judge of a district or statutory
county court, the retiree is subject to assignment by the presiding judge
of an administrative judicial region to sit on a court in that
administrative region of the same or lesser dignity as that on which the
judge sat before retiring, rather than to sit on a district or statutory
county court in that administrative region.  Also provides if the retiree's
last judicial office before retirement was judge of a district or statutory
county court, on request of the presiding judge of another administrative
judicial region, the retiree is subject to assignment to a court of the
same or lesser dignity in that administrative region. 






 
SECTION 4.  Effective date:  September 1, 1999.
                       Makes application of this Act prospective in
relation to the assignment of a judge 
                    under Chapter 74 (Court Administration Act) or 75
(Other Court Administration),              Government Code. 

SECTION 5.  Emergency clause.