By Dunnam                                             H.B. No. 2169
         77R4203 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the disqualification of certain judges or justices of
 1-3     the peace to sit in a criminal case.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Article 30.01, Code of Criminal Procedure, is
 1-6     amended to read as follows:
 1-7           Art. 30.01.  CAUSES WHICH DISQUALIFY. No judge or justice of
 1-8     the peace shall sit in any case where:
 1-9                 (1)  the judge or justice [he] may be the party
1-10     injured;
1-11                 (2)  the judge or justice[, or where he] has been of
1-12     counsel for the State or the accused;
1-13                 (3)  [, or where] the accused or the party injured may
1-14     be connected with the judge or justice [him] by consanguinity or
1-15     affinity within the third degree, as determined under Chapter 573,
1-16     Government Code; or
1-17                 (4)  the judge or justice has automatically resigned
1-18     from office as provided by Section 65, Article XVI, Texas
1-19     Constitution.
1-20           SECTION 2. This Act takes effect September 1, 2001, and
1-21     applies only to a case that commences on or after that date.  A
1-22     case commenced before the effective date of this Act is governed by
1-23     the law in effect when the case commenced, and the former law is
1-24     continued in effect for that purpose.