By: Wentworth S.B. No. 1384
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the recusal of judges on the supreme court.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 22.005, Government Code, is amended to
1-4 read as follows:
1-5 Sec. 22.005. DISQUALIFICATION OF JUSTICES. (a) The chief
1-6 justice may <shall> certify to the governor <the following facts>
1-7 when one or more justices <they occur:>
1-8 <(1) at least five members> of the supreme court have
1-9 recused themselves under the Texas Rules of Appellate Procedure or
1-10 are disqualified under the constitution and laws of this state to
1-11 hear and determine a case in the court<; or>
1-12 <(2) the justices of the court are equally divided in
1-13 opinion because of the absence or disqualification of one of its
1-14 members>.
1-15 (b) The governor immediately shall commission the requisite
1-16 number of persons who are active appellate or district court
1-17 justices or judges and who possess the qualifications prescribed
1-18 for justices of the supreme court to try and determine the case.
1-19 SECTION 2. The importance of this legislation and the
1-20 crowded condition of the calendars in both houses create an
1-21 emergency and an imperative public necessity that the
1-22 constitutional rule requiring bills to be read on three several
1-23 days in each house be suspended, and this rule is hereby suspended,
1-24 and that this Act take effect and be in force from and after its
2-1 passage, and it is so enacted.