Texas 2025 - 89th Regular

Texas House Bill HB1181 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R117 AMF-F
2		-	By: Raymond~~, Martinez Fischer~~ H.B. No. 1181
	2	+	By: Raymond H.B. No. 1181
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7	7		A BILL TO BE ENTITLED
8	8		AN ACT
9	9		relating to the assignment of certain retired and former justices
10	10		and judges.
11	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12		SECTION 1. Section 74.003(b), Government Code, is amended
13	13		to read as follows:
14	14		(b) The chief justice of the supreme court may assign a
15	15		qualified former or retired justice or judge of the supreme court,
16	16		of the court of criminal appeals, or of a court of appeals to a court
17	17		of appeals for active service regardless of whether a vacancy
18	18		exists in the court to which the justice or judge is assigned. To be
19	19		eligible for assignment under this subsection, a former or retired
20	20		justice or judge must:
21	21		(1) have served as an active justice or judge for at
22	22		least 72 [96] months in a district, statutory probate, statutory
23	23		county, or appellate court, with at least 48 of those months in an
24	24		appellate court;
25	25		(2) not have been removed from office;
26	26		(3) certify under oath to the chief justice of the
27	27		supreme court, on a form prescribed by the chief justice, that:
28	28		(A) the justice or judge has never been publicly
29	29		reprimanded or censured by the State Commission on Judicial
30	30		Conduct; and
31	31		(B) the justice or judge:
32	32		(i) did not resign or retire from office
33	33		after the State Commission on Judicial Conduct notified the justice
34	34		or judge of the commencement of a full investigation into an
35	35		allegation or appearance of misconduct or disability of the justice
36	36		or judge as provided in Section 33.022 and before the final
37	37		disposition of that investigation; or
38	38		(ii) if the justice or judge did resign from
39	39		office under circumstances described by Subparagraph (i), the
40	40		justice or judge was not publicly reprimanded or censured as a
41	41		result of the investigation;
42	42		(4) annually demonstrate that the justice or judge has
43	43		completed in the past state fiscal year the educational
44	44		requirements for active appellate court justices or judges; [and]
45	45		(5) certify to the chief justice of the supreme court a
46	46		willingness not to appear and plead as an attorney in any court of
47	47		appeals in this state or district, statutory probate, or statutory
48	48		county court in a county under the jurisdiction of the appellate
49	49		court to which the justice or judge is assigned for a period of two
50	50		years; and
51	51		(6) certify to the chief justice a willingness not to
52	52		hear any matter involving a party who is a current or former client
53	53		of the justice or judge for the duration of the assignment.
54	54		SECTION 2. Section 74.041(6), Government Code, is amended
55	55		to read as follows:
56	56		(6) "Retired judge" means:
57	57		(A) a retiree; or
58	58		(B) a person who served as an active judge for at
59	59		least 72 [96] months in a statutory probate or statutory county
60	60		court and has retired under the Texas County and District
61	61		Retirement System.
62	62		SECTION 3. Section 74.055(c), Government Code, is amended
63	63		to read as follows:
64	64		(c) To be eligible to be named on the list, a retired or
65	65		former judge must:
66	66		(1) have served as an active judge for at least 72 [96]
67	67		months in a district, statutory probate, statutory county, or
68	68		appellate court;
69	69		(2) have developed substantial experience in the
70	70		judge's area of specialty;
71	71		(3) not have been removed from office;
72	72		(4) certify under oath to the presiding judge, on a
73	73		form prescribed by the state board of regional judges, that:
74	74		(A) the judge has never been publicly reprimanded
75	75		or censured by the State Commission on Judicial Conduct; and
76	76		(B) the judge:
77	77		(i) did not resign or retire from office
78	78		after the State Commission on Judicial Conduct notified the judge
79	79		of the commencement of a full investigation into an allegation or
80	80		appearance of misconduct or disability of the judge as provided in
81	81		Section 33.022 and before the final disposition of that
82	82		investigation; or
83	83		(ii) if the judge did resign from office
84	84		under circumstances described by Subparagraph (i), was not publicly
85	85		reprimanded or censured as a result of the investigation;
86	86		(5) annually demonstrate that the judge has completed
87	87		in the past state fiscal year the educational requirements for
88	88		active district, statutory probate, and statutory county court
89	89		judges; [and]
90	90		(6) certify to the presiding judge a willingness not
91	91		to appear and plead as an attorney in any court in the
92	92		administrative judicial region in which the judge is assigned [this
93	93		state] for a period of two years; and
94	94		(7) certify to the presiding judge a willingness not
95	95		to hear any matter involving a party who is a current or former
96	96		client of the judge for the duration of the assignment.
97	97		SECTION 4. Sections 74.003(b), 74.041(6), and 74.055(c),
98	98		Government Code, as amended by this Act, apply only to the
99	99		assignment of a justice or judge on or after the effective date of
100	100		this Act. The assignment of a justice or judge before the effective
101	101		date of this Act is governed by the law in effect on the date of the
102	102		assignment, and the former law is continued in effect for that
103	103		purpose.
104	104		SECTION 5. This Act takes effect on the 91st day after the
105	105		last day of the legislative session.