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  H.B. No. 764
 
 
 
 
AN ACT
  relating to eligibility 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; [and]
               (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 [having
  received notice that formal proceedings by the State Commission on
  Judicial Conduct had been instituted] 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 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 [the proceedings].
         SECTION 2.  (a)  The change in law made by Chapter 315 (H.B.
  3306), Acts of the 78th Legislature, Regular Session, 2003, to
  Section 74.055(c)(1), Government Code, does not apply to a person
  who:
               (1)  was serving a term as an active judge described by
  Section 74.054(a)(1), Government Code, on August 31, 2003; and
               (2)  on completion of that term, met the eligibility
  requirements, other than the requirement of Section 74.055(c)(6),
  Government Code, to be named on a list of retired and former judges
  under Section 74.055(c), Government Code, as that law existed on
  August 31, 2003.
         (b)  Section 74.055(c), Government Code, as it existed on
  August 31, 2003, is continued in effect for determining the
  eligibility of a person described by Subsection (a) of this section
  to be named on the list of retired and former judges subject to
  assignment.
         SECTION 3.  (a)  The change in law made by this Act by
  amending Section 25.0022(t)(2), Government Code, and by adding
  Sections 25.0022(t)(4) and (5), Government Code, applies only to an
  assignment of a visiting judge appointed under Chapter 25,
  Government Code, made on or after September 1, 2009. An assignment
  made before September 1, 2009, is governed by Section 25.0022(t),
  Government Code, as it exists on the date of the assignment, and
  that law is continued in effect for that purpose.
         (b)  The change in law made by this Act by amending Section
  25.0022(t)(2), Government Code, and by adding Sections
  25.0022(t)(4) and (5), Government Code, does not apply to a person
  who immediately before the effective date of this Act meets the
  eligibility requirements to be assigned by the presiding judge
  under Section 25.0022(h), Government Code, and the former law is
  continued in effect for determining that person's eligibility for
  that purpose.
         (c)  The change in law made by this Act by adding Section
  25.0022(t)(3), Government Code, applies only to an assignment of a
  visiting judge appointed under Chapter 25, Government Code, made on
  or after September 1, 2010. Except as provided by Subsection (b) of
  this section, an assignment made before September 1, 2010, is
  governed by Section 25.0022(t), Government Code, as it exists on
  the date of the assignment, and that law is continued in effect for
  that purpose.
         (d)  Section 25.0022(t)(2)(A), Government Code, as added by
  this Act, applies only to a reprimand or censure issued by the State
  Commission on Judicial Conduct on or after the effective date of
  this Act.
         SECTION 4.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 764 was passed by the House on April
  21, 2009, by the following vote:  Yeas 146, Nays 0, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 764 on May 29, 2009, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 764 on May 31, 2009, by the following vote:  Yeas 140,
  Nays 0, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 764 was passed by the Senate, with
  amendments, on May 26, 2009, by the following vote:  Yeas 31, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  764 on May 31, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor