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


Senate Research CenterC.S.S.B. 788
76R10170 DAK-DBy: Harris
Jurisprudence
3/23/1999
Committee Report (Substituted)


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.  C.S.S.B. 788 would establish provisions regarding
claims against, including motions for the recusal or disqualification of,
certain judges. 

PURPOSE

As proposed, C.S.S.B. 788 establishes provisions regarding claims against,
including motions for the recusal or disqualification of, certain judges. 

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
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 shall
continue with certain aspects of the case.  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unless the order is properly superseded.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 a new judge in the case to vacate all orders signed by the sitting
judge. 

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 code to assign the severed claim if the claim does not satisfy the
requirements of Subsection (a)(1) or (2). 
   
SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.




 
SUMMARY OF COMMITTEE CHANGES


SECTION 1. 

Amends Chapter 30, Civil Practice and Remedies Code, by adding Sections
30.016 and 30.017, to establish provisions regarding recusal or
disqualification of certain judges, and claims against certain judges,
respectively.