1 | 1 | | 89R8031 AMF-D |
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2 | 2 | | By: Morales of Maverick H.B. No. 1664 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the eligibility of certain retired or former district |
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10 | 10 | | court judges for assignment as a visiting judge. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 74.055, Government Code, is amended by |
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13 | 13 | | adding Subsections (d), (f-1), and (h) to read as follows: |
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14 | 14 | | (d) Notwithstanding Subsection (c)(4), a retired or former |
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15 | 15 | | district court judge is eligible to be named on the list if the |
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16 | 16 | | retired or former district court judge certifies under oath to the |
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17 | 17 | | presiding judge, on a form prescribed by the state board of regional |
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18 | 18 | | judges, that during the 15 years preceding assignment under this |
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19 | 19 | | section: |
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20 | 20 | | (1) the judge has not been publicly reprimanded or |
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21 | 21 | | censured by the State Commission on Judicial Conduct; and |
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22 | 22 | | (2) the judge: |
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23 | 23 | | (A) did not resign or retire from office after |
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24 | 24 | | the State Commission on Judicial Conduct notified the judge of the |
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25 | 25 | | commencement of a full investigation into an allegation or |
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26 | 26 | | appearance of misconduct or disability of the judge as provided in |
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27 | 27 | | Section 33.022 and before the final disposition of that |
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28 | 28 | | investigation; or |
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29 | 29 | | (B) if the judge resigned from office under |
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30 | 30 | | circumstances described by Paragraph (A), was not publicly |
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31 | 31 | | reprimanded or censured as a result of the investigation. |
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32 | 32 | | (f-1) Notwithstanding Subsection (f), a former or retired |
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33 | 33 | | district court judge is ineligible to be named on the list only if |
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34 | 34 | | during the 15 years preceding appointment under this section the |
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35 | 35 | | former or retired judge is identified in a public statement issued |
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36 | 36 | | by the State Commission on Judicial Conduct as having resigned or |
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37 | 37 | | retired from office in lieu of discipline. |
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38 | 38 | | (h) Subsections (d) and (f-1) and this subsection expire |
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39 | 39 | | September 1, 2033. |
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40 | 40 | | SECTION 2. This Act takes effect immediately if it receives |
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41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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44 | 44 | | Act takes effect September 1, 2025. |
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