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A BILL TO BE ENTITLED
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AN ACT
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relating to the recusal or disqualification of a judge assigned to a |
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trial court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 74.053, Government Code, |
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is amended to read as follows: |
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Sec. 74.053. RECUSAL OR DISQUALIFICATION OF [OBJECTION TO] |
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JUDGE ASSIGNED TO A TRIAL COURT. |
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SECTION 2. Sections 74.053(a) and (b), Government Code, are |
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amended to read as follows: |
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(a) When a judge is assigned to a trial court under this |
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chapter, [:
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[(1)
the order of assignment must state whether the
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judge is an active, former, retired, or senior judge; and
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[(2)] the presiding judge shall, if it is reasonable and |
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practicable and if time permits, give notice of the assignment to |
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each attorney representing a party to the case that is to be heard |
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in whole or part by the assigned judge. |
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(b) An assigned judge or justice may be recused or |
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disqualified from a case in a trial court to which the judge or |
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justice was assigned only if a timely filed motion to recuse or |
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disqualify is filed and granted under Rules 18a and 18b, Texas Rules |
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of Civil Procedure [If a party to a civil case files a timely
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objection to the assignment, the judge shall not hear the case.
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Except as provided by Subsection (d), each party to the case is only
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entitled to one objection under this section for that case]. |
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SECTION 3. Section 74.254(e), Government Code, is amended |
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to read as follows: |
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(e) Notwithstanding any provision of Subchapter C, a |
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justice or judge who was defeated in the last primary or general |
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election for which the justice or judge was a candidate for the |
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judicial office held by the justice or judge [to whom Section
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74.053(d) applies] may not be assigned under Subsection (d). |
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SECTION 4. Section 841.061(g), Health and Safety Code, is |
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amended to read as follows: |
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(g) A judge assigned to preside over a trial under this |
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subchapter is not subject to an objection under Section 74.053, |
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Government Code, but is subject to [other than] an objection made on |
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the grounds that the judge was defeated in the last primary or |
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general election for which the judge was a candidate for the |
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judicial office held by the judge [under Section 74.053(d),
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Government Code]. |
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SECTION 5. Sections 74.053(c), (d), (e), and (f), |
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Government Code, are repealed. |
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SECTION 6. The changes in law made by this Act apply only to |
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a motion to recuse or disqualify a justice or judge assigned to a |
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trial court on or after the effective date of this Act. A motion to |
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recuse or disqualify a justice or judge assigned to a trial court |
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before the effective date of this Act is governed by the law in |
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effect on the date the motion is filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2013. |