| 1 | 1 | | 85S11285 YDB-D |
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| 2 | 2 | | By: Nevárez H.B. No. 323 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the eligibility of a retired or former judge for |
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| 8 | 8 | | assignment in certain proceedings. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 74.055(c), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (c) To be eligible to be named on the list, a retired or |
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| 13 | 13 | | former judge must: |
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| 14 | 14 | | (1) have served as an active judge for at least 96 |
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| 15 | 15 | | months in a district, statutory probate, statutory county, or |
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| 16 | 16 | | appellate court; |
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| 17 | 17 | | (2) have developed substantial experience in the |
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| 18 | 18 | | judge's area of specialty; |
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| 19 | 19 | | (3) not have been removed from office; |
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| 20 | 20 | | (4) certify under oath to the presiding judge, on a |
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| 21 | 21 | | form prescribed by the state board of regional judges, that: |
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| 22 | 22 | | (A) the judge has not in the preceding 10 years |
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| 23 | 23 | | [never] been publicly reprimanded or censured by the State |
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| 24 | 24 | | Commission on Judicial Conduct related to behavior on the bench or |
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| 25 | 25 | | judicial duties; and |
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| 26 | 26 | | (B) the judge: |
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| 27 | 27 | | (i) did not resign or retire from office |
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| 28 | 28 | | after the State Commission on Judicial Conduct notified the judge |
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| 29 | 29 | | of the commencement of a full investigation into an allegation or |
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| 30 | 30 | | appearance of misconduct or disability of the judge as provided in |
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| 31 | 31 | | Section 33.022 and before the final disposition of that |
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| 32 | 32 | | investigation; or |
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| 33 | 33 | | (ii) if the judge did resign from office |
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| 34 | 34 | | under circumstances described by Subparagraph (i), was not publicly |
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| 35 | 35 | | reprimanded or censured as a result of the investigation; |
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| 36 | 36 | | (5) annually demonstrate that the judge has completed |
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| 37 | 37 | | in the past state fiscal year the educational requirements for |
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| 38 | 38 | | active district, statutory probate, and statutory county court |
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| 39 | 39 | | judges; and |
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| 40 | 40 | | (6) certify to the presiding judge a willingness not |
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| 41 | 41 | | to appear and plead as an attorney in any court in this state for a |
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| 42 | 42 | | period of two years. |
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| 43 | 43 | | SECTION 2. Section 74.055(f), Government Code, is repealed. |
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| 44 | 44 | | SECTION 3. This Act applies only to the appointment of a |
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| 45 | 45 | | retired or former judge that occurs on or after the effective date |
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| 46 | 46 | | of this Act. The appointment of a retired or former judge before |
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| 47 | 47 | | the effective date of this Act is governed by the law in effect when |
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| 48 | 48 | | the judge was appointed, and that law is continued in effect for |
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| 49 | 49 | | that purpose. |
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| 50 | 50 | | SECTION 4. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect December 1, 2017. |
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