HBA-KMH S.B. 788 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 788
By: Harris
Judicial Affairs
5/19/1999
Engrossed


BACKGROUND AND PURPOSE

Currently, court cases can be stalled due to the filing of numerous
motions.  It is necessary to allow parties to file motions, while also
moving the case along.  S.B. 788 establishes provisions regarding claims
against, including motions for the recusal or disqualification of, certain
judges. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 30, Civil Practice and Remedies Code, by adding
Sections 30.016 and 30.017, as follows: 

Sec. 30.016.  RECUSAL OR DISQUALIFICATION OF CERTAIN JUDGES.  Defines
"tertiary recusal motion."  Requires a judge who declines recusal after a
tertiary recusal motion is filed to comply with applicable rules of
procedure for recusal and disqualification except that the judge is
required to continue to preside over the case, sign orders in the case, and
move the case to final disposition as if the tertiary recusal motion had
not been filed. Requires a judge hearing a tertiary recusal motion against
another judge who denies the motion to award reasonable and necessary
attorney's fees and costs to the party opposing the motion.  Provides that
the party making the motion and the attorney for the party are jointly and
severally liable for the award of fees and costs.  Requires the fees and
costs to be paid before the 31st day after the date the order denying the
tertiary recusal motion is rendered, unless the order is properly
superseded.  Provides that the denial of a tertiary recusal motion is only
reviewable on appeal from final judgment.  Requires the new judge in the
case to vacate all orders signed by the sitting judge during the pendency
of the tertiary recusal motion, if a tertiary recusal motion is finally
sustained. 

Sec. 30.017.  CLAIMS AGAINST CERTAIN JUDGES.  Requires a claim against
certain judges that is added to a case pending in the court to which the
judge was elected or appointed to fulfill certain requirements.  Requires
the clerk of the court to assign the claim a new case number, and requires
the party making the claim to pay the filing fees.  Requires the presiding
judge of the administrative region or the presiding judge of the statutory
probate courts to assign the severed claim to a different judge.  Requires
the judge to dismiss the claim, if the claim does not satisfy the
requirements of this section. 
   
SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.