Bill Text: TX HB4213 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the appeal of a party or attorney representing a party of a sanction issued by a court following a ruling on a motion to recuse.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-21 - Left pending in committee [HB4213 Detail]
Download: Texas-2021-HB4213-Introduced.html
By: Murr | H.B. No. 4213 |
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relating to the appeal of a party or attorney representing a party | ||
of a sanction issued by a court following a ruling on a motion to | ||
recuse. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 30 of the Texas Civil Practices and | ||
Remedies Code is amended by adding Section 30.165 to read as | ||
follows: | ||
Sec. 30.165. APPEAL FOLLOWING RULING ON A MOTION TO RECUSE | ||
FILED BY A PARTY OR ATTORNEY REPRESENTING A PARTY TO A PROCEEDING. | ||
(a) In a proceeding in which a party or an attorney | ||
representing a party files a motion to recuse the court, and | ||
following a ruling, is ordered to pay fees or expenses in accordance | ||
with the Texas Rules of Civil Procedure, the party or attorney | ||
representing a party may file a notice of appeal with the court no | ||
later than thirty days following the date of the applicable order. | ||
The appealing party or attorney representing a party, as | ||
applicable, is entitled to and shall have the sanctions order | ||
reviewed de novo by a jury or a judge. Selection of a jury for this | ||
section shall occur in accordance with jury selection set forth for | ||
a civil jury trial for the respective court of jurisdiction. | ||
(b) A jury determination made pursuant to this section is | ||
subject to appeal to the court of appeals having jurisdiction over | ||
the case and shall occur in accordance with rules established for | ||
the appeal of a ruling issued by a trial court. | ||
(c) The Supreme Court of the State of Texas shall promulgate | ||
changes to the Texas Rules of Civil Procedure to comply with this | ||
section. | ||
SECTION 2. This Act takes effect September 1, 2021. |