85S11285 YDB-D
By: Nevárez H.B. No. 323
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of a retired or former judge for
assignment in certain proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 74.055(c), Government Code, is amended
to read as follows:
(c) To be eligible to be named on the list, a retired or
former judge must:
(1) have served as an active judge for at least 96
months in a district, statutory probate, statutory county, or
appellate court;
(2) have developed substantial experience in the
judge's area of specialty;
(3) not have been removed from office;
(4) certify under oath to the presiding judge, on a
form prescribed by the state board of regional judges, that:
(A) the judge has not in the preceding 10 years
[never] been publicly reprimanded or censured by the State
Commission on Judicial Conduct related to behavior on the bench or
judicial duties; 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 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;
(5) annually demonstrate that the judge has completed
in the past state fiscal year the educational requirements for
active district, statutory probate, and statutory county court
judges; and
(6) certify to the presiding judge a willingness not
to appear and plead as an attorney in any court in this state for a
period of two years.
SECTION 2. Section 74.055(f), Government Code, is repealed.
SECTION 3. This Act applies only to the appointment of a
retired or former judge that occurs on or after the effective date
of this Act. The appointment of a retired or former judge before
the effective date of this Act is governed by the law in effect when
the judge was appointed, and that law is continued in effect for
that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect December 1, 2017.