By: Longoria H.B. No. 1526 73R5422 DRH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the disqualification of a judge in a criminal case. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Article 30.01, Code of Criminal Procedure, is 1-5 amended to read as follows: 1-6 Art. 30.01. CAUSES WHICH DISQUALIFY. (a) No judge or 1-7 justice of the peace shall sit in any case where he may be the 1-8 party injured, or where he has been of counsel for the State or the 1-9 accused, or where the accused or the party injured may be connected 1-10 with him by consanguinity or affinity within the third degree, as 1-11 determined under Article 5996h, Revised Statutes. 1-12 (b) In addition to the grounds listed in Subsection (a) of 1-13 this article, a judge or justice of the peace shall disqualify 1-14 himself in any case in which: 1-15 (1) his impartiality might reasonably be questioned; 1-16 (2) he has a personal bias or prejudice concerning a 1-17 party; 1-18 (3) he has personal knowledge of disputed evidentiary 1-19 facts concerning the case; or 1-20 (4) his spouse or a person connected with him or his 1-21 spouse within the first degree of consanguinity or affinity is an 1-22 attorney involved in the case. 1-23 (c) If a party files a motion to disqualify under this 1-24 article, and the judge or justice of the peace does not grant the 2-1 motion, the judge or justice of the peace shall follow the same 2-2 procedure in disposing of the motion as a motion for recusal or 2-3 disqualification in a civil case under Rule 18a, Texas Rules of 2-4 Civil Procedure. 2-5 SECTION 2. (a) The change in law made by this Act applies 2-6 only to the trial for an offense that commences on or after the 2-7 effective date of this Act. 2-8 (b) The trial of an offense that commenced before the 2-9 effective date of this Act is governed by the law in effect when 2-10 the trial began, and the former law is continued in effect for that 2-11 purpose. 2-12 SECTION 3. This Act takes effect September 1, 1993. 2-13 SECTION 4. The importance of this legislation and the 2-14 crowded condition of the calendars in both houses create an 2-15 emergency and an imperative public necessity that the 2-16 constitutional rule requiring bills to be read on three several 2-17 days in each house be suspended, and this rule is hereby suspended.