HBA-SEP S.B. 941 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 941
By: Lindsay
Judicial Affairs
4/27/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current law, certain former or retired statutory probate court judges
are authorized to both practice law and sit as a visiting judge which may
be a conflict of interest.  Senate Bill 941 adds to the conditions required
of a former or retired judge of a statutory probate court, to be eligible
for assignment as a visiting judge, that the judge must certify to the
presiding judge a willingness not to appear and plead as an attorney and
not to accept appointment as a guardian in any court in the judge's county
of residence or a contiguous county for a two year period.  

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. 

ANALYSIS

Senate Bill 941 amends the Government Code to add to the conditions
required of a former or retired judge of a statutory probate court, to be
eligible for assignment as a visiting judge, that the judge must certify to
the presiding judge a willingness not to appear and plead as an attorney
and not to accept appointment as a guardian ad litem, guardian of the
estate of an incapacitated person, or guardian of the person of an
incapacitated person in any court in the judge's county of residence or a
contiguous county for a two year period.  

EFFECTIVE DATE

September 1, 2001.