1-1 By: Harris S.B. No. 788 1-2 (In the Senate - Filed March 2, 1999; March 3, 1999, read 1-3 first time and referred to Committee on Jurisprudence; 1-4 March 25, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 3, Nays 0; March 25, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 788 By: Harris 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to claims against, including motions for the recusal or 1-11 disqualification of, certain judges. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Chapter 30, Civil Practice and Remedies Code, is 1-14 amended by adding Sections 30.016 and 30.017 to read as follows: 1-15 Sec. 30.016. RECUSAL OR DISQUALIFICATION OF CERTAIN JUDGES. 1-16 (a) In this section, "tertiary recusal motion" means a third or 1-17 subsequent motion for recusal or disqualification filed against a 1-18 district court, statutory probate court, or statutory county court 1-19 judge by the same party in a case. 1-20 (b) A judge who declines recusal after a tertiary recusal 1-21 motion is filed shall comply with applicable rules of procedure for 1-22 recusal and disqualification except that the judge shall continue 1-23 to: 1-24 (1) preside over the case; 1-25 (2) sign orders in the case; and 1-26 (3) move the case to final disposition as though a 1-27 tertiary recusal motion had not been filed. 1-28 (c) A judge hearing a tertiary recusal motion against 1-29 another judge who denies the motion shall award reasonable and 1-30 necessary attorney's fees and costs to the party opposing the 1-31 motion. The party making the motion and the attorney for the party 1-32 are jointly and severally liable for the award of fees and costs. 1-33 The fees and costs must be paid before the 31st day after the date 1-34 the order denying the tertiary recusal motion is rendered, unless 1-35 the order is properly superseded. 1-36 (d) The denial of a tertiary recusal motion is only 1-37 reviewable on appeal from final judgment. 1-38 (e) If a tertiary recusal motion is finally sustained, the 1-39 new judge for the case shall vacate all orders signed by the 1-40 sitting judge during the pendency of the tertiary recusal motion. 1-41 Sec. 30.017. CLAIMS AGAINST CERTAIN JUDGES. (a) A claim 1-42 against a district court, statutory probate court, or statutory 1-43 county court judge that is added to a case pending in the court to 1-44 which the judge was elected or appointed: 1-45 (1) must be made under oath; 1-46 (2) may not be based solely on the rulings in the 1-47 pending case but must plead specific facts supporting each element 1-48 of the claim in addition to the rulings in the pending case; and 1-49 (3) is automatically severed from the case. 1-50 (b) The clerk of the court shall assign the claim a new 1-51 cause number, and the party making the claim shall pay the filing 1-52 fees. 1-53 (c) The presiding judge of the administrative region or the 1-54 presiding judge of the statutory probate courts shall assign the 1-55 severed claim to a different judge. The judge shall dismiss the 1-56 claim if the claim does not satisfy the requirements of Subsection 1-57 (a)(1) or (2). 1-58 SECTION 2. (a) This Act takes effect September 1, 1999, and 1-59 applies to all cases: 1-60 (1) filed on or after the effective date of this Act; 1-61 or 1-62 (2) pending on the effective date of this Act and in 1-63 which the trial, or any new trial or retrial following motion, 1-64 appeal, or otherwise, begins on or after that date. 2-1 (b) In a case filed before the effective date of this Act, a 2-2 trial, new trial, or retrial that is in progress on the effective 2-3 date of this Act is governed by the applicable law in effect 2-4 immediately before that date, and that law is continued in effect 2-5 for that purpose. 2-6 SECTION 3. The importance of this legislation and the 2-7 crowded condition of the calendars in both houses create an 2-8 emergency and an imperative public necessity that the 2-9 constitutional rule requiring bills to be read on three several 2-10 days in each house be suspended, and this rule is hereby suspended. 2-11 * * * * *