By Wentworth S.B. No. 1384
74R8184 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the recusal of judges on the supreme court and the
1-3 court of criminal appeals.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22.005(a), Government Code, is amended to
1-6 read as follows:
1-7 (a) The chief justice shall certify to the governor the
1-8 following facts when they occur:
1-9 (1) a justice <at least five members> of the supreme
1-10 court has recused himself under the Texas Rules of Appellate
1-11 Procedure or is otherwise <are> disqualified under the constitution
1-12 and laws of this state to hear and determine a case in the court;
1-13 or
1-14 (2) the justices of the court are equally divided in
1-15 opinion because of the absence, recusal, or disqualification of one
1-16 of its members.
1-17 SECTION 2. Section 22.105(a), Government Code, is amended to
1-18 read as follows:
1-19 (a) The fact that a judge of the court of criminal appeals
1-20 has recused himself under the Texas Rules of Appellate Procedure or
1-21 is otherwise disqualified under the constitution and laws of this
1-22 state to hear and determine a case shall be certified to the
1-23 governor.
1-24 SECTION 3. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended,
2-5 and that this Act take effect and be in force from and after its
2-6 passage, and it is so enacted.