Bill Text: TX HB3380 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the recusal or disqualification of a judge assigned to a trial court.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2013-04-01 - Left pending in committee [HB3380 Detail]

Download: Texas-2013-HB3380-Introduced.html

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83R6606 RWG-F
By: Hunter H.B. No. 3380

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