85R1986 CAE-D

By: Raymond H.B. No. 887

A BILL TO BE ENTITLED

AN ACT

relating to recusal of a justice of the supreme court or judge of the court of criminal appeals based on political contributions accepted by the justice or judge from a person involved in a case before the justice or judge.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 22, Government Code, is amended by adding Section 22.303 to read as follows:

Sec. 22.303. RECUSAL OF JUSTICE OR JUDGE BECAUSE OF ACCEPTANCE OF POLITICAL CONTRIBUTIONS. (a) Except as provided by Subsection (d), a justice of the supreme court or judge of the court of criminal appeals shall recuse himself or herself from any case in which the justice or judge has in the preceding four years accepted political contributions, as defined by Section 251.001, Election Code, in a total amount of $2,500 or more from:

(1) a party to the case;

(2) an attorney of record in the case;

(3) the law firm of an attorney of record in the case;

(4) the managing agent of a party to the case;

(5) a member of the board of directors of a party to the case; or

(6) a general-purpose committee, as defined by Section 251.001, Election Code, that is established or administered by a person who is a party to the case.

(b) For purposes of this section, a political contribution made by a person to a general-purpose committee that makes a political contribution to a justice or judge is considered to be a political contribution made directly by the person to the justice or judge. The total amount of political contributions considered under this subsection to have been made directly from the person to the justice or judge during the period specified by Subsection (a) is equal to the lesser of:

(1) the total amount of political contributions the person made to the general-purpose committee during that period; or

(2) the total amount of political contributions the general-purpose committee made to the justice or judge during that period.

(c) A party filing any motion, brief, or pleading before the supreme court or court of criminal appeals must disclose in writing to the court each political contribution made in the four years preceding the date the motion, brief, or pleading is filed to a justice or judge of that court by:

(1) the party;

(2) a person affiliated with the party as described by Subsection (a)(2), (3), (4), (5), or (6); or

(3) a general-purpose committee to whom the party or a person affiliated with the party has made a political contribution during that period.

(d) A justice or judge is not required to recuse himself or herself from a case as provided by Subsection (a) if each party in the case who is in opposition to the party who made the political contribution, or with whom the person who made the political contribution is affiliated, agrees to waive the required recusal.

SECTION 2. Section 22.303, Government Code, as added by this Act, applies only to a political contribution accepted on or after the effective date of this Act. A political contribution accepted before the effective date of this Act is governed by the law in effect on the date the contribution is accepted, and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.