HBA-SEP C.S.S.B. 941 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 941
By: Lindsay
Judicial Affairs
5/3/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, certain former or retired statutory probate court judges
are authorized to both practice law and sit as a visiting judge which may
be a conflict of interest.  C.S.S.B. 941provides that a former or retired
judge of a statutory probate court must certify to the presiding judge a
willingness not to appear and plead as an attorney and not to accept
appointment as a guardian in any court in the judge's county of residence
for a two year period to be eligible for assignment as a visiting judge in
the judge's county of residence.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.S.B. 941 amends the Government Code to provide that, in addition to the
eligibility requirements regarding the assignment of a former or retired
judge of a statutory probate court, to be eligible for assignment as a
visiting judge in the judge's county of residence, the judge must certify
to the presiding judge a willingness not to appear and plead as an attorney
and not to accept appointment as a guardian ad litem, guardian of the
estate of an incapacitated person, or guardian of the person of an
incapacitated person in any court in the judge's county of residence for a
two year period.  

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 941 modifies the original to remove the requirement that a former
or retired judge of a statutory probate court assigned as a visiting judge
certify a willingness not to appear and plead as an attorney or serve as a
guardian ad litem, guardian of an estate or guardian of the person of an
incapacitated person in a county contiguous to the judge's county of
residence.  The substitute specifies that the requirement that a former or
retired judge of a statutory probate court assigned as a visiting judge
certify a willingness not to appear and plead as an attorney or serve as a
guardian ad litem or guardian of an estate or guardian of the person of an
incapacitated person in any court in the judge's county of residence
applies only to a visiting judge assigned in the judge's county of
residence.