AN ACT
1-1 relating to claims against, including motions for the recusal or
1-2 disqualification of, certain judges.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 30, Civil Practice and Remedies Code, is
1-5 amended by adding Sections 30.016 and 30.017 to read as follows:
1-6 Sec. 30.016. RECUSAL OR DISQUALIFICATION OF CERTAIN JUDGES.
1-7 (a) In this section, "tertiary recusal motion" means a third or
1-8 subsequent motion for recusal or disqualification filed against a
1-9 district court, statutory probate court, or statutory county court
1-10 judge by the same party in a case.
1-11 (b) A judge who declines recusal after a tertiary recusal
1-12 motion is filed shall comply with applicable rules of procedure for
1-13 recusal and disqualification except that the judge shall continue
1-14 to:
1-15 (1) preside over the case;
1-16 (2) sign orders in the case; and
1-17 (3) move the case to final disposition as though a
1-18 tertiary recusal motion had not been filed.
1-19 (c) A judge hearing a tertiary recusal motion against
1-20 another judge who denies the motion shall award reasonable and
1-21 necessary attorney's fees and costs to the party opposing the
1-22 motion. The party making the motion and the attorney for the party
1-23 are jointly and severally liable for the award of fees and costs.
1-24 The fees and costs must be paid before the 31st day after the date
2-1 the order denying the tertiary recusal motion is rendered, unless
2-2 the order is properly superseded.
2-3 (d) The denial of a tertiary recusal motion is only
2-4 reviewable on appeal from final judgment.
2-5 (e) If a tertiary recusal motion is finally sustained, the
2-6 new judge for the case shall vacate all orders signed by the
2-7 sitting judge during the pendency of the tertiary recusal motion.
2-8 Sec. 30.017. CLAIMS AGAINST CERTAIN JUDGES. (a) A claim
2-9 against a district court, statutory probate court, or statutory
2-10 county court judge that is added to a case pending in the court to
2-11 which the judge was elected or appointed:
2-12 (1) must be made under oath;
2-13 (2) may not be based solely on the rulings in the
2-14 pending case but must plead specific facts supporting each element
2-15 of the claim in addition to the rulings in the pending case; and
2-16 (3) is automatically severed from the case.
2-17 (b) The clerk of the court shall assign the claim a new
2-18 cause number, and the party making the claim shall pay the filing
2-19 fees.
2-20 (c) The presiding judge of the administrative region or the
2-21 presiding judge of the statutory probate courts shall assign the
2-22 severed claim to a different judge. The judge shall dismiss the
2-23 claim if the claim does not satisfy the requirements of Subsection
2-24 (a)(1) or (2).
2-25 SECTION 2. (a) This Act takes effect September 1, 1999, and
2-26 applies to all cases:
3-1 (1) filed on or after the effective date of this Act;
3-2 or
3-3 (2) pending on the effective date of this Act and in
3-4 which the trial, or any new trial or retrial following motion,
3-5 appeal, or otherwise, begins on or after that date.
3-6 (b) In a case filed before the effective date of this Act, a
3-7 trial, new trial, or retrial that is in progress on the effective
3-8 date of this Act is governed by the applicable law in effect
3-9 immediately before that date, and that law is continued in effect
3-10 for that purpose.
3-11 SECTION 3. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 788 passed the Senate on
April 8, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 788 passed the House on
May 26, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor