Texas 2025 - 89th Regular

Texas Senate Bill SB2127 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Zaffirini S.B. No. 2127
2		-
3		-
	2	+	(In the Senate - Filed March 10, 2025; March 24, 2025, read
	3	+	first time and referred to Committee on Jurisprudence;
	4	+	April 10, 2025, reported favorably by the following vote: Yeas 5,
	5	+	Nays 0; April 10, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to the assignment of certain retired and former justices
9	12		and judges.
10	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	14		SECTION 1. Section 74.003(b), Government Code, is amended
12	15		to read as follows:
13	16		(b) The chief justice of the supreme court may assign a
14	17		qualified former or retired justice or judge of the supreme court,
15	18		of the court of criminal appeals, or of a court of appeals to a court
16	19		of appeals for active service regardless of whether a vacancy
17	20		exists in the court to which the justice or judge is assigned. To be
18	21		eligible for assignment under this subsection, a former or retired
19	22		justice or judge must:
20	23		(1) have served as an active justice or judge for at
21	24		least 72 [96] months in a district, statutory probate, statutory
22	25		county, or appellate court, with at least 48 of those months in an
23	26		appellate court;
24	27		(2) not have been removed from office;
25	28		(3) certify under oath to the chief justice of the
26	29		supreme court, on a form prescribed by the chief justice, that:
27	30		(A) the justice or judge has never been publicly
28	31		reprimanded or censured by the State Commission on Judicial
29	32		Conduct; and
30	33		(B) the justice or judge:
31	34		(i) did not resign or retire from office
32	35		after the State Commission on Judicial Conduct notified the justice
33	36		or judge of the commencement of a full investigation into an
34	37		allegation or appearance of misconduct or disability of the justice
35	38		or judge as provided in Section 33.022 and before the final
36	39		disposition of that investigation; or
37	40		(ii) if the justice or judge did resign from
38	41		office under circumstances described by Subparagraph (i), the
39	42		justice or judge was not publicly reprimanded or censured as a
40	43		result of the investigation;
41	44		(4) annually demonstrate that the justice or judge has
42	45		completed in the past state fiscal year the educational
43	46		requirements for active appellate court justices or judges; [and]
44	47		(5) certify to the chief justice of the supreme court a
45	48		willingness not to appear and plead as an attorney in any court of
46	49		appeals in this state or district, statutory probate, or statutory
47	50		county court in a county under the jurisdiction of the appellate
48	51		court to which the justice or judge is assigned for a period of two
49	52		years; and
50	53		(6) certify to the chief justice a willingness not to
51	54		hear any matter involving a party who is a current or former client
52	55		of the justice or judge for the duration of the assignment.
53	56		SECTION 2. Section 74.041(6), Government Code, is amended
54	57		to read as follows:
55	58		(6) "Retired judge" means:
56	59		(A) a retiree; or
57	60		(B) a person who served as an active judge for at
58	61		least 72 [96] months in a statutory probate or statutory county
59	62		court and has retired under the Texas County and District
60	63		Retirement System.
61	64		SECTION 3. Section 74.055(c), Government Code, is amended
62	65		to read as follows:
63	66		(c) To be eligible to be named on the list, a retired or
64	67		former judge must:
65	68		(1) have served as an active judge for at least 72 [96]
66	69		months in a district, statutory probate, statutory county, or
67	70		appellate court;
68	71		(2) have developed substantial experience in the
69	72		judge's area of specialty;
70	73		(3) not have been removed from office;
71	74		(4) certify under oath to the presiding judge, on a
72	75		form prescribed by the state board of regional judges, that:
73	76		(A) the judge has never been publicly reprimanded
74	77		or censured by the State Commission on Judicial Conduct; and
75	78		(B) the judge:
76	79		(i) did not resign or retire from office
77	80		after the State Commission on Judicial Conduct notified the judge
78	81		of the commencement of a full investigation into an allegation or
79	82		appearance of misconduct or disability of the judge as provided in
80	83		Section 33.022 and before the final disposition of that
81	84		investigation; or
82	85		(ii) if the judge did resign from office
83	86		under circumstances described by Subparagraph (i), was not publicly
84	87		reprimanded or censured as a result of the investigation;
85	88		(5) annually demonstrate that the judge has completed
86	89		in the past state fiscal year the educational requirements for
87	90		active district, statutory probate, and statutory county court
88	91		judges; [and]
89	92		(6) certify to the presiding judge a willingness not
90	93		to appear and plead as an attorney in any court in the
91	94		administrative judicial region in which the judge is assigned [this
92	95		state] for a period of two years; and
93	96		(7) certify to the presiding judge a willingness not
94	97		to hear any matter involving a party who is a current or former
95	98		client of the judge for the duration of the assignment.
96	99		SECTION 4. Sections 74.003(b), 74.041(6), and 74.055(c),
97	100		Government Code, as amended by this Act, apply only to the
98	101		assignment of a justice or judge on or after the effective date of
99	102		this Act. The assignment of a justice or judge before the effective
100	103		date of this Act is governed by the law in effect on the date of the
101	104		assignment, and the former law is continued in effect for that
102	105		purpose.
103	106		SECTION 5. This Act takes effect on the 91st day after the
104	107		last day of the legislative session.
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