Bill Text: TX HB103 | 2023-2024 | 88th Legislature | Enrolled
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-Enrolled.html
| H.B. No. 103 | ||
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| 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 103 was passed by the House on May 4, | ||
| 2023, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 103 was passed by the Senate on May | ||
| 19, 2023, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
