SRC-PNG, ARR H.B. 2201 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2201
76R13260 JMC-FBy: Tillery (Madla)
Infrastructure
5/13/1999
Engrossed


DIGEST 

Currently, the law relating to municipal court judges makes no provision
for a judge of one municipal court to sit for a judge of another municipal
court. Under Article 30.01 (Causes Which Disqualify), Code of Criminal
Procedure, there are occasions wherein a judge is absolutely disqualified
to hear a particular case. There are other instances when a municipal judge
should recuse. H.B. 2201 authorizes the judge of another municipal court
located in an adjacent municipality to sit in the case, if the judge of a
municipal court is disqualified or recused in a pending case. 

PURPOSE

As proposed, H.B. 2201authorizes the judge of another municipal court
located in an adjacent municipality to sit in the case, if the judge of a
municipal court is disqualified or recused in a pending case. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter A, Chapter 29, Government Code, by adding
Section 29.012, as follows:  

Sec. 29.012. SITTING FOR DISQUALIFIED OR RECUSED JUDGE. Authorizes the
judge of another municipal court located in an adjacent municipality to sit
in the case, if the judge of a municipal court is disqualified or recused
in a pending case. Prohibits a municipal court judge from sitting in a case
for another municipal court judge under this section if either party
objects to the judge. Provides that an objection under this subsection must
be filed before the first hearing or trial, including pretrial hearings,
over which the judge is to preside.  

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.