By: Danburg H.B. No. 1566
73R3543 MWV-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disqualification of judges and justices of the
1-3 peace.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 21.005, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 21.005. Disqualification. (a) A judge or a justice of
1-8 the peace may not sit in a case if either of the parties is related
1-9 to him by affinity or consanguinity within the third degree, as
1-10 determined under Article 5996h, Revised Statutes.
1-11 (b) A judge or a justice of the peace may not sit in a case
1-12 if the conduct of the judge or justice during or before the
1-13 proceeding would cause a reasonable person to believe that the
1-14 judge or justice held any animosity toward any party to the case.
1-15 For purposes of this subsection, a party includes the defendant and
1-16 a victim in a criminal case and any litigant in a civil case.
1-17 SECTION 2. This Act takes effect September 1, 1993, and
1-18 applies only to cases filed on or after that date. A case filed
1-19 before September 1, 1993, is governed by the law as it existed when
1-20 the case was filed, and that law is continued in effect for that
1-21 purpose.
1-22 SECTION 3. The importance of this legislation and the
1-23 crowded condition of the calendars in both houses create an
1-24 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended.