By: Murr, Spiller (Senate Sponsor - Sparks) H.B. No. 103
(In the Senate - Received from the House May 5, 2023;
May 8, 2023, read first time and referred to Committee on State
Affairs; May 15, 2023, reported favorably by the following vote:
Yeas 8, Nays 0; May 15, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
HughesX
PaxtonX
BettencourtX
BirdwellX
LaMantiaX
MenéndezX
MiddletonX
ParkerX
PerryX
SchwertnerX
ZaffiriniX
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of a retired or former judge as a
visiting judge in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 26.012, Government Code, is amended to
read as follows:
Sec. 26.012. ASSIGNMENT OF VISITING JUDGE FOR PROBATE,
GUARDIANSHIP, AND MENTAL HEALTH MATTERS. (a) If the county judge
is absent, incapacitated, recused, or disqualified to act in a
probate, guardianship, or mental health matter, a visiting judge
shall be assigned in accordance with Section 25.0022(h).
(b) Notwithstanding Section 25.0022(t)(4), a visiting judge
may be assigned under this section if the judge has served as an
active judge for at least 48 months in a statutory probate court.
SECTION 2. Subchapter C, Chapter 26, Government Code, is
amended by adding Section 26.020 to read as follows:
Sec. 26.020. DEFINITION. In this subchapter, "former
constitutional county judge" means a person who:
(1) served as a judge for at least 96 months in a
constitutional county court; or
(2) served as a judge for at least 48 months in a
constitutional county court and who is a licensed attorney in this
state.
SECTION 3. Section 26.023(a), Government Code, is amended
to read as follows:
(a) The county judge may appoint a retired judge, former
constitutional county judge, or a constitutional county judge from
another county as a visiting judge when the county judge is absent
from the county or absent because of physical incapacity.
SECTION 4. Section 26.024(a), Government Code, is amended
to read as follows:
(a) The county judge may appoint a retired judge, former
constitutional county judge, or a constitutional county judge from
another county as a visiting judge to share the bench if the county
judge finds that the dockets of the county court reflect a case load
that the county judge considers to be in excess of that which can be
disposed of properly in a manner consistent with the efficient
administration of justice.
SECTION 5. Section 25.0022(t-1), Government Code, is
repealed.
SECTION 6. This Act takes effect September 1, 2023.
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