Bill Text: TX HB103 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the appointment of a retired or former judge as a visiting judge in certain counties.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2023-06-09 - Effective on 9/1/23 [HB103 Detail]

Download: Texas-2023-HB103-Comm_Sub.html
 
 
  By: Murr, Spiller (Senate Sponsor - Sparks) H.B. No. 103
         (In the Senate - Received from the House May 5, 2023;
  May 8, 2023, read first time and referred to Committee on State
  Affairs; May 15, 2023, reported favorably by the following vote:  
  Yeas 8, Nays 0; May 15, 2023, sent to printer.)
Click here to see the committee vote
 
 
 
  COMMITTEE VOTE
 
 
         YeaNayAbsentPNV
         HughesX
         PaxtonX
         BettencourtX
         BirdwellX
         LaMantiaX
         MenéndezX
         MiddletonX
         ParkerX
         PerryX
         SchwertnerX
         ZaffiriniX
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the appointment of a retired or former judge as a
  visiting judge in certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 26.012, Government Code, is amended to
  read as follows:
         Sec. 26.012.  ASSIGNMENT OF VISITING JUDGE FOR PROBATE,
  GUARDIANSHIP, AND MENTAL HEALTH MATTERS. (a) If the county judge
  is absent, incapacitated, recused, or disqualified to act in a
  probate, guardianship, or mental health matter, a visiting judge
  shall be assigned in accordance with Section 25.0022(h).
         (b)  Notwithstanding Section 25.0022(t)(4), a visiting judge
  may be assigned under this section if the judge has served as an
  active judge for at least 48 months in a statutory probate court.
         SECTION 2.  Subchapter C, Chapter 26, Government Code, is
  amended by adding Section 26.020 to read as follows:
         Sec. 26.020.  DEFINITION. In this subchapter, "former
  constitutional county judge" means a person who:
               (1)  served as a judge for at least 96 months in a
  constitutional county court; or
               (2)  served as a judge for at least 48 months in a
  constitutional county court and who is a licensed attorney in this
  state.
         SECTION 3.  Section 26.023(a), Government Code, is amended
  to read as follows:
         (a)  The county judge may appoint a retired judge, former
  constitutional county judge, or a constitutional county judge from
  another county as a visiting judge when the county judge is absent
  from the county or absent because of physical incapacity.
         SECTION 4.  Section 26.024(a), Government Code, is amended
  to read as follows:
         (a)  The county judge may appoint a retired judge, former
  constitutional county judge, or a constitutional county judge from
  another county as a visiting judge to share the bench if the county
  judge finds that the dockets of the county court reflect a case load
  that the county judge considers to be in excess of that which can be
  disposed of properly in a manner consistent with the efficient
  administration of justice.
         SECTION 5.  Section 25.0022(t-1), Government Code, is
  repealed.
         SECTION 6.  This Act takes effect September 1, 2023.
 
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