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.