Texas 2009 - 81st Regular

Texas Senate Bill SB742 Compare Versions

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11 S.B. No. 742
22
33
44 AN ACT
55 relating to the qualifications to serve as an associate judge or
66 visiting associate judge in certain family law proceedings.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Subsection (a), Section 201.1021, Family Code,
99 is amended to read as follows:
1010 (a) To be eligible for appointment under this subchapter, a
1111 person must be[:
1212 [(1)] a citizen of the United States, [and] have
1313 resided in this state [the administrative judicial region, or a
1414 county adjacent to the region, in which the court to which the
1515 person is appointed is located] for the two years preceding the date
1616 of appointment,[;] and be:
1717 (1) eligible for assignment under Section 74.054,
1818 Government Code, because the person is named on the list of retired
1919 and former judges maintained by the presiding judge of the
2020 administrative region under Section 74.055, Government Code; or
2121 (2) licensed to practice law in this state and have
2222 been a practicing lawyer in this state, or a judge of a court in this
2323 state who is not otherwise eligible under Subdivision (1), for the
2424 four years preceding the date of appointment.
2525 SECTION 2. Subsection (b), Section 201.113, Family Code, is
2626 amended to read as follows:
2727 (b) A person is not eligible for appointment under this
2828 section unless the person has served as a [child support] master or
2929 associate judge under this chapter, a district judge, or a
3030 statutory county court judge for at least two years before the date
3131 of appointment.
3232 SECTION 3. Subsection (a), Section 201.2021, Family Code,
3333 is amended to read as follows:
3434 (a) To be eligible for appointment under this subchapter, a
3535 person must be[:
3636 [(1)] a citizen of the United States, [and] have
3737 resided in this state [the administrative judicial region, or a
3838 county adjacent to the region, in which the court to which the
3939 person is appointed is located] for the two years preceding the date
4040 of appointment,[;] and be:
4141 (1) eligible for assignment under Section 74.054,
4242 Government Code, because the person is named on the list of retired
4343 and former judges maintained by the presiding judge of the
4444 administrative region under Section 74.055, Government Code; or
4545 (2) licensed to practice law in this state and have
4646 been a practicing lawyer in this state, or a judge of a court in this
4747 state who is not otherwise eligible under Subdivision (1), for the
4848 four years preceding the date of appointment.
4949 SECTION 4. Subsection (c), Section 201.208, Family Code, is
5050 amended to read as follows:
5151 (c) A person is not eligible for appointment under this
5252 section unless the person has served as a master or [an] associate
5353 judge under this chapter, a district judge, or a statutory county
5454 court judge for at least two years before the date of appointment.
5555 SECTION 5. The changes in law made by this Act to Subsection
5656 (a), Section 201.1021, and Subsection (a), Section 201.2021, Family
5757 Code, apply only to the appointment of an associate judge under
5858 Subchapter B or C, Chapter 201, Family Code, on or after the
5959 effective date of this Act. The appointment of an associate judge
6060 before that date is governed by the law in effect on the date the
6161 appointment was made, and the former law is continued in effect for
6262 that purpose.
6363 SECTION 6. The changes in law made by this Act to Subsection
6464 (b), Section 201.113, and Subsection (c), Section 201.208, Family
6565 Code, apply only to the appointment of a visiting associate judge
6666 under Subchapter B or C, Chapter 201, Family Code, on or after the
6767 effective date of this Act. The appointment of a visiting associate
6868 judge before that date is governed by the law in effect on the date
6969 the appointment was made, and the former law is continued in effect
7070 for that purpose.
7171 SECTION 7. This Act takes effect immediately if it receives
7272 a vote of two-thirds of all the members elected to each house, as
7373 provided by Section 39, Article III, Texas Constitution. If this
7474 Act does not receive the vote necessary for immediate effect, this
7575 Act takes effect September 1, 2009.
7676 ______________________________ ______________________________
7777 President of the Senate Speaker of the House
7878 I hereby certify that S.B. No. 742 passed the Senate on
7979 April 2, 2009, by the following vote: Yeas 31, Nays 0.
8080 ______________________________
8181 Secretary of the Senate
8282 I hereby certify that S.B. No. 742 passed the House on
8383 May 27, 2009, by the following vote: Yeas 148, Nays 0, one
8484 present not voting.
8585 ______________________________
8686 Chief Clerk of the House
8787 Approved:
8888 ______________________________
8989 Date
9090 ______________________________
9191 Governor