Bill Text: TX HB322 | 2011-2012 | 82nd Legislature | Comm Sub

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Bill Title: Relating to the eligibility of a former or retired statutory probate court judge for assignment as a visiting judge.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-04-11 - Considered in Calendars [HB322 Detail]

Download: Texas-2011-HB322-Comm_Sub.html

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82R2379 KLA-D
By: Hartnett H.B. No. 322

A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of a former or retired statutory
probate court judge for assignment as a visiting judge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.0022(t), Government Code, is amended
to read as follows:
(t) To be eligible for assignment under this section, a
former or retired judge of a statutory probate court must:
(1) not have been removed from office;
(2) certify under oath to the presiding judge, on a
form prescribed by the state board of regional judges, that:
(A) the judge has not been publicly reprimanded
or censured by the State Commission on Judicial Conduct; and
(B) the judge:
(i) did not resign or retire from office
after the State Commission on Judicial Conduct notified the judge
of the commencement of a full investigation into an allegation or
appearance of misconduct or disability of the judge as provided in
Section 33.022 and before the final disposition of that
investigation; or
(ii) if the judge did resign from office
under circumstances described by Subparagraph (i), was not publicly
reprimanded or censured as a result of the investigation;
(3) annually demonstrate that the judge has completed
in the past state fiscal year the educational requirements for an
active statutory probate court judge;
(4) have served as an active judge for at least 72 [96]
months in a district, statutory probate, statutory county, or
appellate court; and
(5) have developed substantial experience in the
judge's area of specialty.
SECTION 2. Section 25.0022(t), Government Code, as amended
by this Act, applies only to an assignment of a visiting judge under
Chapter 25, Government Code, made on or after the effective date of
this Act. An assignment made before the effective date of this Act
is governed by Section 25.0022(t), Government Code, as that section
existed on the date of the assignment, and that law is continued in
effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.