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A BILL TO BE ENTITLED
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AN ACT
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relating to recusal of a justice of the supreme court or judge of |
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the court of criminal appeals based on political contributions |
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accepted by the justice or judge from a person involved in a case |
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before the justice or judge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 22, Government Code, is |
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amended by adding Section 22.303 to read as follows: |
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Sec. 22.303. RECUSAL OF JUSTICE OR JUDGE BECAUSE OF |
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ACCEPTANCE OF POLITICAL CONTRIBUTIONS. (a) Except as provided by |
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Subsection (d), a justice of the supreme court or judge of the court |
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of criminal appeals shall recuse himself or herself from any case in |
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which the justice or judge has in the preceding four years accepted |
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political contributions, as defined by Section 251.001, Election |
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Code, in a total amount of $2,500 or more from: |
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(1) a party to the case; |
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(2) an attorney of record in the case; |
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(3) the law firm of an attorney of record in the case; |
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(4) the managing agent of a party to the case; |
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(5) a member of the board of directors of a party to |
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the case; or |
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(6) a general-purpose committee, as defined by Section |
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251.001, Election Code, that is established or administered by a |
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person who is a party to the case. |
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(b) For purposes of this section, a political contribution |
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made by a person to a general-purpose committee that makes a |
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political contribution to a justice or judge is considered to be a |
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political contribution made directly by the person to the justice |
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or judge. The total amount of political contributions considered |
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under this subsection to have been made directly from the person to |
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the justice or judge during the period specified by Subsection (a) |
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is equal to the lesser of: |
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(1) the total amount of political contributions the |
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person made to the general-purpose committee during that period; or |
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(2) the total amount of political contributions the |
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general-purpose committee made to the justice or judge during that |
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period. |
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(c) A party filing any motion, brief, or pleading before the |
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supreme court or court of criminal appeals must disclose in writing |
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to the court each political contribution made in the four years |
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preceding the date the motion, brief, or pleading is filed to a |
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justice or judge of that court by: |
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(1) the party; |
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(2) a person affiliated with the party as described by |
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Subsection (a)(2), (3), (4), (5), or (6); or |
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(3) a general-purpose committee to whom the party or a |
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person affiliated with the party has made a political contribution |
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during that period. |
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(d) A justice or judge is not required to recuse himself or |
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herself from a case as provided by Subsection (a) if each party in |
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the case who is in opposition to the party who made the political |
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contribution, or with whom the person who made the political |
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contribution is affiliated, agrees to waive the required recusal. |
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SECTION 2. Section 22.303, Government Code, as added by |
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this Act, applies only to a political contribution accepted on or |
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after the effective date of this Act. A political contribution |
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accepted before the effective date of this Act is governed by the |
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law in effect on the date the contribution is accepted, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |