| 1 | 1 | | H.B. No. 103 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the appointment of a retired or former judge as a |
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| 6 | 6 | | visiting judge in certain counties. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 26.012, Government Code, is amended to |
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| 9 | 9 | | read as follows: |
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| 10 | 10 | | Sec. 26.012. ASSIGNMENT OF VISITING JUDGE FOR PROBATE, |
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| 11 | 11 | | GUARDIANSHIP, AND MENTAL HEALTH MATTERS. (a) If the county judge |
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| 12 | 12 | | is absent, incapacitated, recused, or disqualified to act in a |
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| 13 | 13 | | probate, guardianship, or mental health matter, a visiting judge |
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| 14 | 14 | | shall be assigned in accordance with Section 25.0022(h). |
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| 15 | 15 | | (b) Notwithstanding Section 25.0022(t)(4), a visiting judge |
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| 16 | 16 | | may be assigned under this section if the judge has served as an |
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| 17 | 17 | | active judge for at least 48 months in a statutory probate court. |
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| 18 | 18 | | SECTION 2. Subchapter C, Chapter 26, Government Code, is |
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| 19 | 19 | | amended by adding Section 26.020 to read as follows: |
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| 20 | 20 | | Sec. 26.020. DEFINITION. In this subchapter, "former |
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| 21 | 21 | | constitutional county judge" means a person who: |
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| 22 | 22 | | (1) served as a judge for at least 96 months in a |
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| 23 | 23 | | constitutional county court; or |
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| 24 | 24 | | (2) served as a judge for at least 48 months in a |
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| 25 | 25 | | constitutional county court and who is a licensed attorney in this |
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| 26 | 26 | | state. |
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| 27 | 27 | | SECTION 3. Section 26.023(a), Government Code, is amended |
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| 28 | 28 | | to read as follows: |
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| 29 | 29 | | (a) The county judge may appoint a retired judge, former |
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| 30 | 30 | | constitutional county judge, or a constitutional county judge from |
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| 31 | 31 | | another county as a visiting judge when the county judge is absent |
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| 32 | 32 | | from the county or absent because of physical incapacity. |
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| 33 | 33 | | SECTION 4. Section 26.024(a), Government Code, is amended |
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| 34 | 34 | | to read as follows: |
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| 35 | 35 | | (a) The county judge may appoint a retired judge, former |
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| 36 | 36 | | constitutional county judge, or a constitutional county judge from |
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| 37 | 37 | | another county as a visiting judge to share the bench if the county |
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| 38 | 38 | | judge finds that the dockets of the county court reflect a case load |
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| 39 | 39 | | that the county judge considers to be in excess of that which can be |
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| 40 | 40 | | disposed of properly in a manner consistent with the efficient |
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| 41 | 41 | | administration of justice. |
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| 42 | 42 | | SECTION 5. Section 25.0022(t-1), Government Code, is |
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| 43 | 43 | | repealed. |
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| 44 | 44 | | SECTION 6. This Act takes effect September 1, 2023. |
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| 45 | 45 | | ______________________________ ______________________________ |
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| 46 | 46 | | President of the Senate Speaker of the House |
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| 47 | 47 | | I certify that H.B. No. 103 was passed by the House on May 4, |
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| 48 | 48 | | 2023, by the following vote: Yeas 143, Nays 0, 2 present, not |
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| 49 | 49 | | voting. |
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| 50 | 50 | | ______________________________ |
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| 51 | 51 | | Chief Clerk of the House |
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| 52 | 52 | | I certify that H.B. No. 103 was passed by the Senate on May |
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| 53 | 53 | | 19, 2023, by the following vote: Yeas 31, Nays 0. |
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| 54 | 54 | | ______________________________ |
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| 55 | 55 | | Secretary of the Senate |
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| 56 | 56 | | APPROVED: _____________________ |
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| 57 | 57 | | Date |
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| 58 | 58 | | _____________________ |
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| 59 | 59 | | Governor |
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