By Harris S.B. No. 788
76R6373 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the recusal or disqualification of a district judge.
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 Section 30.016 to read as follows:
1-6 Sec. 30.016. RECUSAL OR DISQUALIFICATION OF DISTRICT JUDGE.
1-7 (a) If a party has filed two motions for the recusal or
1-8 disqualification of a district judge in the same case, the court
1-9 shall automatically deny any subsequent motion.
1-10 (b) The denial of a motion for the recusal or
1-11 disqualification of a district judge under this section may only be
1-12 reviewed on appeal from final judgment.
1-13 SECTION 2. (a) This Act takes effect September 1, 1999, and
1-14 applies to all cases:
1-15 (1) filed on or after the effective date of this Act;
1-16 or
1-17 (2) pending on the effective date of this Act and in
1-18 which the trial, or any new trial or retrial following motion,
1-19 appeal, or otherwise, begins on or after that date.
1-20 (b) In a case filed before the effective date of this Act, a
1-21 trial, new trial, or retrial that is in progress on the effective
1-22 date of this Act is governed by the applicable law in effect
1-23 immediately before that date, and that law is continued in effect
1-24 for that purpose.
2-1 SECTION 3. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended.