By De la Garza                                        H.B. No. 2996
       74R4908 DD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the disqualification of certain judges in a criminal
    1-3  case and to certain procedures concerning a court of inquiry.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 30.01, Code of Criminal Procedure, is
    1-6  amended to read as follows:
    1-7        Art. 30.01.  CAUSES WHICH DISQUALIFY.  No judge or justice of
    1-8  the peace shall sit in any case where:
    1-9              (1)  he may be the party injured;
   1-10              (2)  <, or where> he has been of counsel for the State
   1-11  or the accused;
   1-12              (3)  <, or where> the accused or the party injured may
   1-13  be connected with the judge or the justice of the peace <him> by
   1-14  consanguinity or affinity within the third degree<, as determined>
   1-15  under Article 5996h, Revised Statutes; or
   1-16              (4)  he has acted as the magistrate at a court of
   1-17  inquiry regarding the case under Chapter 52 of this code.
   1-18        SECTION 2.  Article 52.01(d), Code of Criminal Procedure, is
   1-19  amended to read as follows:
   1-20        (d)  If the Court of Inquiry pertains to the activities of
   1-21  the district or county attorney or to the attorney's office,
   1-22  deputies, or employees, or if the attorney is otherwise
   1-23  disqualified in the proceeding, the judge shall appoint one
   1-24  attorney pro tem to assist in the proceeding.  In any other
    2-1  circumstance, the judge may appoint an attorney pro tem to assist
    2-2  in the proceeding.  A judge may not appoint an attorney pro tem
    2-3  under this subsection if the attorney is a former business partner
    2-4  or associate of the judge.
    2-5        SECTION 3.  Section 22.221(b), Government Code, is amended to
    2-6  read as follows:
    2-7        (b)  Each court of appeals for a court of appeals district
    2-8  may issue all writs of mandamus, agreeable to the principles of law
    2-9  regulating those writs, against a:
   2-10              (1)  judge of a district or county court in the court
   2-11  of appeals district; or
   2-12              (2)  judge of a district court who is acting as a
   2-13  magistrate at a court of inquiry under Chapter 52, Code of Criminal
   2-14  Procedure, in the court of appeals district.
   2-15        SECTION 4.  The change in law made by Article 30.01, Code of
   2-16  Criminal Procedure, as amended by this Act, applies only to a case
   2-17  commenced on or after the effective date of this Act.  A case
   2-18  commenced before the effective date of this Act is governed by the
   2-19  law in effect when the case commenced, and the former law is
   2-20  continued in effect for that purpose.
   2-21        SECTION 5.  This Act takes effect September 1, 1995.
   2-22        SECTION 6.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
   2-26  days in each house be suspended, and this rule is hereby suspended.