H.B. No. 764
AN ACT
relating to eligibility for assignment as a visiting judge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.0022(t), Government Code, is amended
to read as follows:
(t) To be eligible for assignment under this section, a
former or retired judge of a statutory probate court must:
(1) not have been removed from office; [and]
(2) certify under oath to the presiding judge, on a
form prescribed by the state board of regional judges, that:
(A) the judge has not been publicly reprimanded
or censured by the State Commission on Judicial Conduct; and
(B) the judge:
(i) did not resign or retire from office
after the State Commission on Judicial Conduct notified the judge
of the commencement of a full investigation into an allegation or
appearance of misconduct or disability of the judge [having
received notice that formal proceedings by the State Commission on
Judicial Conduct had been instituted] as provided in Section 33.022
and before the final disposition of that investigation; or
(ii) if the judge did resign from office
under circumstances described by Subparagraph (i), was not publicly
reprimanded or censured as a result of the investigation;
(3) annually demonstrate that the judge has completed
in the past state fiscal year the educational requirements for an
active statutory probate court judge;
(4) have served as an active judge for at least 96
months in a district, statutory probate, statutory county, or
appellate court; and
(5) have developed substantial experience in the
judge's area of specialty [the proceedings].
SECTION 2. (a) The change in law made by Chapter 315 (H.B.
3306), Acts of the 78th Legislature, Regular Session, 2003, to
Section 74.055(c)(1), Government Code, does not apply to a person
who:
(1) was serving a term as an active judge described by
Section 74.054(a)(1), Government Code, on August 31, 2003; and
(2) on completion of that term, met the eligibility
requirements, other than the requirement of Section 74.055(c)(6),
Government Code, to be named on a list of retired and former judges
under Section 74.055(c), Government Code, as that law existed on
August 31, 2003.
(b) Section 74.055(c), Government Code, as it existed on
August 31, 2003, is continued in effect for determining the
eligibility of a person described by Subsection (a) of this section
to be named on the list of retired and former judges subject to
assignment.
SECTION 3. (a) The change in law made by this Act by
amending Section 25.0022(t)(2), Government Code, and by adding
Sections 25.0022(t)(4) and (5), Government Code, applies only to an
assignment of a visiting judge appointed under Chapter 25,
Government Code, made on or after September 1, 2009. An assignment
made before September 1, 2009, is governed by Section 25.0022(t),
Government Code, as it exists on the date of the assignment, and
that law is continued in effect for that purpose.
(b) The change in law made by this Act by amending Section
25.0022(t)(2), Government Code, and by adding Sections
25.0022(t)(4) and (5), Government Code, does not apply to a person
who immediately before the effective date of this Act meets the
eligibility requirements to be assigned by the presiding judge
under Section 25.0022(h), Government Code, and the former law is
continued in effect for determining that person's eligibility for
that purpose.
(c) The change in law made by this Act by adding Section
25.0022(t)(3), Government Code, applies only to an assignment of a
visiting judge appointed under Chapter 25, Government Code, made on
or after September 1, 2010. Except as provided by Subsection (b) of
this section, an assignment made before September 1, 2010, is
governed by Section 25.0022(t), Government Code, as it exists on
the date of the assignment, and that law is continued in effect for
that purpose.
(d) Section 25.0022(t)(2)(A), Government Code, as added by
this Act, applies only to a reprimand or censure issued by the State
Commission on Judicial Conduct on or after the effective date of
this Act.
SECTION 4. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 764 was passed by the House on April
21, 2009, by the following vote: Yeas 146, Nays 0, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 764 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 764 on May 31, 2009, by the following vote: Yeas 140,
Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 764 was passed by the Senate, with
amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
764 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor