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 2-2     the order is properly superseded.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