SRC-JJJ S.B. 788 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 788
76R6373 DAK-DBy: Harris
Jurisprudence
3/18/1999
As Filed


DIGEST 

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 would stipulate that upon the third motion
to recuse or disqualify a judge, the court shall automatically deny any
subsequent motion. 

PURPOSE

As proposed, S.B. 788 establishes the recusal or disqualification of a
district judge. 

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 Chapter 30, Civil Practice and Remedies Code, by adding
Section 30.016, as follows: 

Sec. 30.016.  RECUSAL OR DISQUALIFICATION OF DISTRICT JUDGE.  Requires a
court to automatically deny any subsequent motion, if a party has filed two
motions for the recusal or disqualification of a district judge in the same
case.  Authorizes the denial of a motion for the recusal or
disqualification of a judge to only be reviewed on appeal from final
judgment. 

SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.