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31st day after the date 2-1 the order denying the tertiary recusal motion is rendered, unless 2-2 the order is properly superseded. 2-3 (d) The denial of a tertiary recusal motion is only 2-4 reviewable on appeal from final judgment. 2-5 (e) If a tertiary recusal motion is finally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