78R4128 SLO-D

By:  Jones of Dallas                                              H.B. No. 1421



A BILL TO BE ENTITLED

AN ACT

relating to the disqualification of a district judge in certain 
actions arising under the Election Code.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 24, Government Code, is 
amended by adding Section 24.023 to read as follows:
	Sec. 24.023.  DISQUALIFICATION OF JUDGE IN CERTAIN ACTIONS.  
(a)  A judge of a district court is disqualified from presiding over 
an action arising under the Election Code in any territory included 
in the judicial district.
	(b)  If a person files an action over which a judge is 
disqualified from presiding under Subsection (a), the district 
clerk shall promptly call the filing of the action to the judge's 
attention.  The judge shall promptly request the presiding judge of 
the administrative judicial region to assign a visiting judge in 
accordance with Subchapter C, Chapter 74, to preside over the 
action.
	(c)  A judge who resides in the judicial district in which an 
action described by Subsection (a) arises is not eligible for 
assignment as visiting judge for the action.
	SECTION 2.  The change in law made by this Act applies to an 
action filed on or after the effective date of this Act.  An action 
filed before the effective date of this Act is governed by the law 
in effect on the date the action was filed, and the former law is 
continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2003.