Texas 2019 - 86th Regular

Texas House Bill HB332 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R521 YDB-D
1	2		By: Nevárez H.B. No. 332
2	3
3	4
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6	7		relating to the eligibility of a retired or former judge for
7	8		assignment in certain proceedings.
8	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	10		SECTION 1. Section 74.055(c), Government Code, is amended
10	11		to read as follows:
11	12		(c) To be eligible to be named on the list, a retired or
12	13		former judge must:
13		-	(1) have served as an active judge for at least 96
14		-	months in a district, statutory probate, ~~statutory county, or~~
15		-	appellate court;
	14	+	(1) have served as an active judge for at least four
	15	+	terms of office [96 months] in a district, statutory probate,
	16	+	statutory county, or appellate court;
16	17		(2) have developed substantial experience in the
17	18		judge's area of specialty;
18	19		(3) not have been removed from office;
19	20		(4) certify under oath to the presiding judge, on a
20	21		form prescribed by the state board of regional judges, that the
21	22		judge has not:
22	23		(A) in the preceding 10 years [the judge has
23	24		never] been publicly reprimanded or censured by the State
24	25		Commission on Judicial Conduct in relation to behavior on the bench
25		-	or judicial duties~~, provided the judge served as an active judge for~~
26		-	~~at least four terms~~ of ~~office~~; ~~or [~~and]
27		-	(B) been ~~convicted of a felony or~~ a crime
28		-	~~involving domestic~~ violence or moral turpitude [the judge:
	26	+	or judicial duties; [and]
	27	+	(B) been convicted of a felony; and
	28	+	(C) been charged with a crime alleging domestic
	29	+	violence or involving moral turpitude [the judge:
29	30		[(i) did not resign or retire from office
30	31		after the State Commission on Judicial Conduct notified the judge
31	32		of the commencement of a full investigation into an allegation or
32	33		appearance of misconduct or disability of the judge as provided in
33	34		Section 33.022 and before the final disposition of that
34	35		investigation; or
35	36		[(ii) if the judge did resign from office
36	37		under circumstances described by Subparagraph (i), was not publicly
37	38		reprimanded or censured as a result of the investigation];
38	39		(5) annually demonstrate that the judge has completed
39	40		in the past state fiscal year the educational requirements for
40	41		active district, statutory probate, and statutory county court
41	42		judges; and
42	43		(6) certify to the presiding judge a willingness not
43	44		to appear and plead as an attorney in any court in this state for a
44	45		period of two years.
45	46		SECTION 2. Section 74.055(f), Government Code, is repealed.
46	47		SECTION 3. Section 74.055(c), Government Code, as amended
47	48		by this Act, applies only to the appointment of a retired or former
48	49		judge that occurs on or after the effective date of this Act. The
49	50		appointment of a retired or former judge before the effective date
50	51		of this Act is governed by the law in effect when the judge was
51	52		appointed, and that law is continued in effect for that purpose.
52	53		SECTION 4. This Act takes effect immediately if it receives
53	54		a vote of two-thirds of all the members elected to each house, as
54	55		provided by Section 39, Article III, Texas Constitution. If this
55	56		Act does not receive the vote necessary for immediate effect, this
56	57		Act takes effect September 1, 2019.