1 | 1 | | S.B. No. 742 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the qualifications to serve as an associate judge or |
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6 | 6 | | visiting associate judge in certain family law proceedings. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Subsection (a), Section 201.1021, Family Code, |
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9 | 9 | | is amended to read as follows: |
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10 | 10 | | (a) To be eligible for appointment under this subchapter, a |
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11 | 11 | | person must be[: |
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12 | 12 | | [(1)] a citizen of the United States, [and] have |
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13 | 13 | | resided in this state [the administrative judicial region, or a |
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14 | 14 | | county adjacent to the region, in which the court to which the |
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15 | 15 | | person is appointed is located] for the two years preceding the date |
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16 | 16 | | of appointment,[;] and be: |
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17 | 17 | | (1) eligible for assignment under Section 74.054, |
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18 | 18 | | Government Code, because the person is named on the list of retired |
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19 | 19 | | and former judges maintained by the presiding judge of the |
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20 | 20 | | administrative region under Section 74.055, Government Code; or |
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21 | 21 | | (2) licensed to practice law in this state and have |
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22 | 22 | | been a practicing lawyer in this state, or a judge of a court in this |
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23 | 23 | | state who is not otherwise eligible under Subdivision (1), for the |
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24 | 24 | | four years preceding the date of appointment. |
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25 | 25 | | SECTION 2. Subsection (b), Section 201.113, Family Code, is |
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26 | 26 | | amended to read as follows: |
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27 | 27 | | (b) A person is not eligible for appointment under this |
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28 | 28 | | section unless the person has served as a [child support] master or |
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29 | 29 | | associate judge under this chapter, a district judge, or a |
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30 | 30 | | statutory county court judge for at least two years before the date |
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31 | 31 | | of appointment. |
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32 | 32 | | SECTION 3. Subsection (a), Section 201.2021, Family Code, |
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33 | 33 | | is amended to read as follows: |
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34 | 34 | | (a) To be eligible for appointment under this subchapter, a |
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35 | 35 | | person must be[: |
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36 | 36 | | [(1)] a citizen of the United States, [and] have |
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37 | 37 | | resided in this state [the administrative judicial region, or a |
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38 | 38 | | county adjacent to the region, in which the court to which the |
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39 | 39 | | person is appointed is located] for the two years preceding the date |
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40 | 40 | | of appointment,[;] and be: |
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41 | 41 | | (1) eligible for assignment under Section 74.054, |
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42 | 42 | | Government Code, because the person is named on the list of retired |
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43 | 43 | | and former judges maintained by the presiding judge of the |
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44 | 44 | | administrative region under Section 74.055, Government Code; or |
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45 | 45 | | (2) licensed to practice law in this state and have |
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46 | 46 | | been a practicing lawyer in this state, or a judge of a court in this |
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47 | 47 | | state who is not otherwise eligible under Subdivision (1), for the |
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48 | 48 | | four years preceding the date of appointment. |
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49 | 49 | | SECTION 4. Subsection (c), Section 201.208, Family Code, is |
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50 | 50 | | amended to read as follows: |
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51 | 51 | | (c) A person is not eligible for appointment under this |
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52 | 52 | | section unless the person has served as a master or [an] associate |
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53 | 53 | | judge under this chapter, a district judge, or a statutory county |
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54 | 54 | | court judge for at least two years before the date of appointment. |
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55 | 55 | | SECTION 5. The changes in law made by this Act to Subsection |
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56 | 56 | | (a), Section 201.1021, and Subsection (a), Section 201.2021, Family |
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57 | 57 | | Code, apply only to the appointment of an associate judge under |
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58 | 58 | | Subchapter B or C, Chapter 201, Family Code, on or after the |
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59 | 59 | | effective date of this Act. The appointment of an associate judge |
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60 | 60 | | before that date is governed by the law in effect on the date the |
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61 | 61 | | appointment was made, and the former law is continued in effect for |
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62 | 62 | | that purpose. |
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63 | 63 | | SECTION 6. The changes in law made by this Act to Subsection |
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64 | 64 | | (b), Section 201.113, and Subsection (c), Section 201.208, Family |
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65 | 65 | | Code, apply only to the appointment of a visiting associate judge |
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66 | 66 | | under Subchapter B or C, Chapter 201, Family Code, on or after the |
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67 | 67 | | effective date of this Act. The appointment of a visiting associate |
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68 | 68 | | judge before that date is governed by the law in effect on the date |
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69 | 69 | | the appointment was made, and the former law is continued in effect |
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70 | 70 | | for that purpose. |
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71 | 71 | | SECTION 7. This Act takes effect immediately if it receives |
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72 | 72 | | a vote of two-thirds of all the members elected to each house, as |
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73 | 73 | | provided by Section 39, Article III, Texas Constitution. If this |
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74 | 74 | | Act does not receive the vote necessary for immediate effect, this |
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75 | 75 | | Act takes effect September 1, 2009. |
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76 | 76 | | ______________________________ ______________________________ |
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77 | 77 | | President of the Senate Speaker of the House |
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78 | 78 | | I hereby certify that S.B. No. 742 passed the Senate on |
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79 | 79 | | April 2, 2009, by the following vote: Yeas 31, Nays 0. |
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80 | 80 | | ______________________________ |
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81 | 81 | | Secretary of the Senate |
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82 | 82 | | I hereby certify that S.B. No. 742 passed the House on |
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83 | 83 | | May 27, 2009, by the following vote: Yeas 148, Nays 0, one |
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84 | 84 | | present not voting. |
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85 | 85 | | ______________________________ |
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86 | 86 | | Chief Clerk of the House |
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87 | 87 | | Approved: |
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88 | 88 | | ______________________________ |
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89 | 89 | | Date |
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90 | 90 | | ______________________________ |
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91 | 91 | | Governor |
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