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.