Bill Text: TX HB323 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to the eligibility of a retired or former judge for assignment in certain proceedings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-07-27 - Referred to Judiciary & Civil Jurisprudence [HB323 Detail]
Download: Texas-2017-HB323-Introduced.html
| 85S11285 YDB-D | ||
| By: Nevárez | H.B. No. 323 | |
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| relating to the eligibility of a retired or former judge for | ||
| assignment in certain proceedings. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 74.055(c), Government Code, is amended | ||
| to read as follows: | ||
| (c) To be eligible to be named on the list, a retired or | ||
| former judge must: | ||
| (1) have served as an active judge for at least 96 | ||
| months in a district, statutory probate, statutory county, or | ||
| appellate court; | ||
| (2) have developed substantial experience in the | ||
| judge's area of specialty; | ||
| (3) not have been removed from office; | ||
| (4) certify under oath to the presiding judge, on a | ||
| form prescribed by the state board of regional judges, that: | ||
| (A) the judge has not in the preceding 10 years | ||
| [ |
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| Commission on Judicial Conduct related to behavior on the bench or | ||
| judicial duties; 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; | ||
| (5) annually demonstrate that the judge has completed | ||
| in the past state fiscal year the educational requirements for | ||
| active district, statutory probate, and statutory county court | ||
| judges; and | ||
| (6) certify to the presiding judge a willingness not | ||
| to appear and plead as an attorney in any court in this state for a | ||
| period of two years. | ||
| SECTION 2. Section 74.055(f), Government Code, is repealed. | ||
| SECTION 3. This Act applies only to the appointment of a | ||
| retired or former judge that occurs on or after the effective date | ||
| of this Act. The appointment of a retired or former judge before | ||
| the effective date of this Act is governed by the law in effect when | ||
| the judge was appointed, and that law is continued in effect for | ||
| that purpose. | ||
| SECTION 4. 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 December 1, 2017. | ||
