| 1 | 1 | | 85R6090 YDB-D |
|---|
| 2 | 2 | | By: Nevárez H.B. No. 1172 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the eligibility of a retired or former judge for |
|---|
| 8 | 8 | | assignment in certain proceedings. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 74.055(c), Government Code, is amended |
|---|
| 11 | 11 | | to read as follows: |
|---|
| 12 | 12 | | (c) To be eligible to be named on the list, a retired or |
|---|
| 13 | 13 | | former judge must: |
|---|
| 14 | 14 | | (1) have served as an active judge for at least 96 |
|---|
| 15 | 15 | | months in a district, statutory probate, statutory county, or |
|---|
| 16 | 16 | | appellate court; |
|---|
| 17 | 17 | | (2) have developed substantial experience in the |
|---|
| 18 | 18 | | judge's area of specialty; |
|---|
| 19 | 19 | | (3) not have been removed from office; |
|---|
| 20 | 20 | | (4) [certify under oath to the presiding judge, on a |
|---|
| 21 | 21 | | form prescribed by the state board of regional judges, that: |
|---|
| 22 | 22 | | [(A) the judge has never been publicly |
|---|
| 23 | 23 | | reprimanded or censured by the State Commission on Judicial |
|---|
| 24 | 24 | | Conduct; and |
|---|
| 25 | 25 | | [(B) the judge: |
|---|
| 26 | 26 | | [(i) did not resign or retire from office |
|---|
| 27 | 27 | | after the State Commission on Judicial Conduct notified the judge |
|---|
| 28 | 28 | | of the commencement of a full investigation into an allegation or |
|---|
| 29 | 29 | | appearance of misconduct or disability of the judge as provided in |
|---|
| 30 | 30 | | Section 33.022 and before the final disposition of that |
|---|
| 31 | 31 | | investigation; or |
|---|
| 32 | 32 | | [(ii) if the judge did resign from office |
|---|
| 33 | 33 | | under circumstances described by Subparagraph (i), was not publicly |
|---|
| 34 | 34 | | reprimanded or censured as a result of the investigation; |
|---|
| 35 | 35 | | [(5)] annually demonstrate that the judge has |
|---|
| 36 | 36 | | completed in the past state fiscal year the educational |
|---|
| 37 | 37 | | requirements for active district, statutory probate, and statutory |
|---|
| 38 | 38 | | county court judges; and |
|---|
| 39 | 39 | | (5) [(6)] certify to the presiding judge a willingness |
|---|
| 40 | 40 | | not to appear and plead as an attorney in any court in this state for |
|---|
| 41 | 41 | | a period of two years. |
|---|
| 42 | 42 | | SECTION 2. Section 74.0551(a), Government Code, is amended |
|---|
| 43 | 43 | | to read as follows: |
|---|
| 44 | 44 | | (a) The two-year period provided for in Section |
|---|
| 45 | 45 | | 74.055(c)(5) [74.055(c)(6)] is from January 1 of one year through |
|---|
| 46 | 46 | | December 31 of the next year. |
|---|
| 47 | 47 | | SECTION 3. Section 74.055(f), Government Code, is repealed. |
|---|
| 48 | 48 | | SECTION 4. This Act applies only to the appointment of a |
|---|
| 49 | 49 | | retired or former judge that occurs on or after the effective date |
|---|
| 50 | 50 | | of this Act. The appointment of a retired or former judge before |
|---|
| 51 | 51 | | the effective date of this Act is governed by the law in effect when |
|---|
| 52 | 52 | | the judge was appointed, and that law is continued in effect for |
|---|
| 53 | 53 | | that purpose. |
|---|
| 54 | 54 | | SECTION 5. This Act takes effect immediately if it receives |
|---|
| 55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 58 | 58 | | Act takes effect September 1, 2017. |
|---|