Texas 2023 - 88th Regular

Texas House Bill HB3115 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R9952 AMF-D
2	2	By: Morales of Maverick, Leach, Cook, H.B. No. 3115
3	3	Harris of Anderson, Canales
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the eligibility of certain retired or former district
9	9	court judges for assignment as a visiting judge.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 74.055, Government Code, is amended by
12	12	amending Subsections (c) and (f) and adding Subsection (d) to read
13	13	as follows:
14	14	(c) To be eligible to be named on the list, a retired or
15	15	former judge must:
16	16	(1) have served as an active judge for at least 96
17	17	months in a district, statutory probate, statutory county, or
18	18	appellate court;
19	19	(2) have developed substantial experience in the
20	20	judge's area of specialty;
21	21	(3) not have been removed from office;
22	22	(4) except as provided by Subsection (d), certify
23	23	under oath to the presiding judge, on a form prescribed by the state
24	24	board of regional judges, that:
25	25	(A) the judge has never been publicly reprimanded
26	26	or censured by the State Commission on Judicial Conduct; and
27	27	(B) the judge:
28	28	(i) did not resign or retire from office
29	29	after the State Commission on Judicial Conduct notified the judge
30	30	of the commencement of a full investigation into an allegation or
31	31	appearance of misconduct or disability of the judge as provided in
32	32	Section 33.022 and before the final disposition of that
33	33	investigation; or
34	34	(ii) if the judge did resign from office
35	35	under circumstances described by Subparagraph (i), was not publicly
36	36	reprimanded or censured as a result of the investigation;
37	37	(5) annually demonstrate that the judge has completed
38	38	in the past state fiscal year the educational requirements for
39	39	active district, statutory probate, and statutory county court
40	40	judges; and
41	41	(6) certify to the presiding judge a willingness not
42	42	to appear and plead as an attorney in any court in this state for a
43	43	period of two years.
44	44	(d) Notwithstanding Subsection (c)(4), a retired or former
45	45	district court judge is eligible to be named on the list if the
46	46	retired or former district court judge certifies under oath to the
47	47	presiding judge, on a form prescribed by the state board of regional
48	48	judges, that during the 15 years preceding assignment under this
49	49	section:
50	50	(1) the judge has not been publicly reprimanded or
51	51	censured by the State Commission on Judicial Conduct; and
52	52	(2) the judge:
53	53	(A) did not resign or retire from office after
54	54	the State Commission on Judicial Conduct notified the judge of the
55	55	commencement of a full investigation into an allegation or
56	56	appearance of misconduct or disability of the judge as provided in
57	57	Section 33.022 and before the final disposition of that
58	58	investigation; or
59	59	(B) if the judge did resign from office under
60	60	circumstances described by Paragraph (A), was not publicly
61	61	reprimanded or censured as a result of the investigation.
62	62	(f) A former or retired judge of a statutory probate,
63	63	statutory county, or appellate court is ineligible to be named on
64	64	the list if the former or retired judge is identified in a public
65	65	statement issued by the State Commission on Judicial Conduct as
66	66	having resigned or retired from office in lieu of discipline. A
67	67	former or retired district court judge is ineligible to be named on
68	68	the list if during the 15 years preceding appointment under this
69	69	section the former or retired judge is identified in a public
70	70	statement issued by the State Commission on Judicial Conduct as
71	71	having resigned or retired from office in lieu of discipline.
72	72	SECTION 2. This Act takes effect immediately if it receives
73	73	a vote of two-thirds of all the members elected to each house, as
74	74	provided by Section 39, Article III, Texas Constitution. If this
75	75	Act does not receive the vote necessary for immediate effect, this
76	76	Act takes effect September 1, 2023.