Bill Text: TX HB650 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to qualifications to serve as a retired judge and eligibility of a retired or former judge for assignment in certain proceedings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-22 - Referred to Judiciary & Civil Jurisprudence [HB650 Detail]
Download: Texas-2017-HB650-Introduced.html
85R4938 CAE-D | ||
By: White | H.B. No. 650 |
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relating to qualifications to serve as a retired judge and | ||
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 74.041(6), Government Code, is amended | ||
to read as follows: | ||
(6) "Retired judge" means: | ||
(A) a retiree; or | ||
(B) a person who served as an active judge for at | ||
least 48 [ |
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court and has retired under the Texas County and District | ||
Retirement System. | ||
SECTION 2. 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 48 [ |
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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 never 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; | ||
(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 3. This Act applies only to the appointment of a | ||
retired or visiting judge that occurs on or after the effective date | ||
of this Act. The appointment of a retired or visiting 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 September 1, 2017. |