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A BILL TO BE ENTITLED
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AN ACT
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relating to a motion for recusal or disqualification of a statutory |
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probate court judge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.00255, Government Code, is amended by |
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amending Subsections (f), (g), (i), and (k) and adding Subsections |
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(i-1) and (i-2) to read as follows: |
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(f) Before further proceedings in a case in which a motion |
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for the recusal or disqualification of a judge has been filed, the |
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judge shall: |
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(1) recuse himself or herself; or |
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(2) request that the presiding judge of the statutory |
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probate courts assign a judge to hear the motion, subject to |
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Subsection (i)(1)(B) or (i-1). |
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(g) A judge who recuses himself or herself: |
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(1) shall enter an order of recusal and request that |
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the presiding judge of the statutory probate courts assign a judge |
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to hear the motion for recusal or disqualification, subject to |
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Subsection (i)(1)(B) or (i-1); and |
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(2) may not take other action in the case except for |
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good cause stated in the order in which the action is taken. |
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(i) After receiving a request under Subsection (f) or (g) |
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[or (h)], the presiding judge of the statutory probate courts |
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shall: |
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(1) except as provided by Subsection (i-1), |
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immediately: |
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(A) set a hearing on the motion for recusal or |
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disqualification before himself or herself or a judge designated by |
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the presiding judge; or |
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(B) at the presiding judge's discretion, request |
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the chief justice of the supreme court or the presiding judge of the |
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administrative judicial region in which the statutory probate court |
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in which the motion was filed is located to appoint a judge to hear |
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the motion; |
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(2) cause notice of the hearing to be given to all |
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parties or their counsel to the case; and |
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(3) make other orders, including orders for interim or |
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ancillary relief, in the pending case. |
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(i-1) If the party filing the motion for recusal or |
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disqualification against a judge specifies in the motion that the |
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party desires the presiding judge of the administrative judicial |
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region in which the statutory probate court in which the motion was |
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filed is located to assign another judge to hear the motion, the |
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judge against whom the motion was filed shall forward that request |
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to the presiding judge of the statutory probate courts. |
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Immediately on receiving the request, the presiding judge of the |
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statutory probate courts shall request the presiding judge of the |
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administrative judicial region to assign a judge to hear the |
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motion. |
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(i-2) A judge designated by the presiding judge of the |
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statutory probate courts to hear a motion for recusal or |
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disqualification under Subsection (i)(1)(A) must be from a county |
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other than the county in which the statutory probate court in which |
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the motion was filed is located. |
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(k) A party may file a motion for sanctions alleging that |
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another party in the case filed a motion for the recusal or |
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disqualification of a judge solely to delay the case and without |
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sufficient cause. The presiding judge or the judge assigned [by the
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presiding judge] to hear the motion for recusal may approve a motion |
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for sanctions authorized by Rule 215.2(b), Texas Rules of Civil |
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Procedure. |
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SECTION 2. Subchapter B, Chapter 25, Government Code, is |
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amended by adding Section 25.00256 to read as follows: |
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Sec. 25.00256. TERTIARY RECUSAL MOTION AGAINST JUDGE. (a) |
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In this section, "tertiary recusal motion" means a third or |
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subsequent motion for recusal or disqualification filed in a case |
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against any statutory probate court judge by the same party. The |
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term includes any third or subsequent motion filed in the case by |
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the same party, regardless of whether that motion is filed against a |
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different judge than the judge or judges against whom the previous |
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motions for recusal or disqualification were filed. |
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(b) A judge who declines recusal after a tertiary recusal |
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motion is filed shall comply with applicable rules of procedure for |
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recusal and disqualification except that the judge shall continue |
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to: |
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(1) preside over the case; |
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(2) sign orders in the case; and |
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(3) move the case to final disposition as though a |
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tertiary recusal motion had not been filed. |
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(c) A judge hearing a tertiary recusal motion against |
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another judge who denies the motion shall award reasonable and |
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necessary attorney's fees and costs to the party opposing the |
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motion. The party making the motion and the attorney for the party |
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are jointly and severally liable for the award of fees and costs. |
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The fees and costs must be paid before the 31st day after the date |
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the order denying the tertiary recusal motion is rendered unless |
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the order is properly superseded. |
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(d) The denial of a tertiary recusal motion is only |
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reviewable on appeal from final judgment. |
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(e) If a tertiary recusal motion is finally sustained, the |
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new judge for the case shall vacate all orders signed by the sitting |
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judge during the pendency of the tertiary recusal motion. |
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SECTION 3. Section 30.016(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) In this section, "tertiary recusal motion" means a third |
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or subsequent motion for recusal or disqualification filed against |
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a district court[, statutory probate court,] or statutory county |
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court judge by the same party in a case. |
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SECTION 4. The changes in law made by this Act apply only to |
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a motion for recusal or disqualification of a judge that is filed on |
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or after the effective date of this Act. A motion for recusal or |
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disqualification of a judge filed before the effective date of this |
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Act is governed by the law in effect on the date the motion was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |