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A BILL TO BE ENTITLED
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AN ACT
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relating to the assignment of a judge to hear a motion for the |
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recusal or disqualification of a statutory probate court judge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 25.00255(f), (g), (i), and (k), |
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Government Code, are amended 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 the assignment of [that the presiding
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judge of the statutory probate courts assign] a judge to hear the |
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motion by forwarding the motion and opposing and concurring |
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statements to the presiding judge of the statutory probate courts |
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as provided by Subsection (h). |
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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 request the |
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assignment of [assign] a judge to hear the motion for recusal or |
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disqualification as provided by Subsection (i); 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 (g) or (h), |
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the presiding judge of the statutory probate courts shall |
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immediately forward the request to the presiding judge of the |
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administrative judicial district and request that the presiding |
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judge of the administrative judicial district assign a judge to |
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hear the motion for recusal or disqualification. On receipt of the |
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request, the presiding judge of the administrative judicial |
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district shall: |
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(1) immediately set a hearing before himself or |
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herself or a judge designated by the presiding judge, except that |
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the presiding judge may not designate a judge of a statutory probate |
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court in the same county as the statutory probate court served by |
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the judge who is the subject of 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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(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 of the administrative |
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judicial district or the judge assigned [by the presiding judge] to |
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hear the motion for recusal may approve a motion for sanctions |
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authorized by Rule 215.2(b), Texas Rules of Civil Procedure. |
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SECTION 2. Section 25.00255, Government Code, as amended by |
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this Act, applies only to a motion for recusal or disqualification |
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of a judge that is filed on or after the effective date of this Act. |
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A motion for recusal or disqualification of a judge filed before the |
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effective date of this Act is governed by the law in effect on the |
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date the motion was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |