Bill Text: TX HB332 | 2019-2020 | 86th Legislature | Engrossed


Bill Title: Relating to the eligibility of a retired or former judge for assignment in certain proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2019-05-06 - Referred to State Affairs [HB332 Detail]

Download: Texas-2019-HB332-Engrossed.html
 
 
  By: Nevárez H.B. No. 332
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 the
  judge has not:
                     (A)  in the preceding 10 years [the judge has
  never] been publicly reprimanded or censured by the State
  Commission on Judicial Conduct in relation to behavior on the bench
  or judicial duties, provided the judge served as an active judge for
  at least four terms of office; or [and]
                     (B)  been convicted of a felony or a crime
  involving domestic violence or moral turpitude [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.  Section 74.055(c), Government Code, as amended
  by 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 September 1, 2019.
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