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A BILL TO BE ENTITLED
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AN ACT
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relating to the appeal of a party or attorney representing a party |
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of a sanction issued by a court following a ruling on a motion to |
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recuse. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 30 of the Texas Civil Practices and |
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Remedies Code is amended by adding Section 30.165 to read as |
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follows: |
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Sec. 30.165. APPEAL FOLLOWING RULING ON A MOTION TO RECUSE |
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FILED BY A PARTY OR ATTORNEY REPRESENTING A PARTY TO A PROCEEDING. |
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(a) In a proceeding in which a party or an attorney |
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representing a party files a motion to recuse the court, and |
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following a ruling, is ordered to pay fees or expenses in accordance |
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with the Texas Rules of Civil Procedure, the party or attorney |
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representing a party may file a notice of appeal with the court no |
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later than thirty days following the date of the applicable order. |
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The appealing party or attorney representing a party, as |
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applicable, is entitled to and shall have the sanctions order |
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reviewed de novo by a jury or a judge. Selection of a jury for this |
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section shall occur in accordance with jury selection set forth for |
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a civil jury trial for the respective court of jurisdiction. |
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(b) A jury determination made pursuant to this section is |
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subject to appeal to the court of appeals having jurisdiction over |
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the case and shall occur in accordance with rules established for |
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the appeal of a ruling issued by a trial court. |
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(c) The Supreme Court of the State of Texas shall promulgate |
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changes to the Texas Rules of Civil Procedure to comply with this |
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section. |
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SECTION 2. This Act takes effect September 1, 2021. |