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.