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AN ACT
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relating to a motion for the recusal or disqualification of a |
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statutory probate court judge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (f), (g), (i), and (k), Section |
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25.00255, Government Code, are amended to read as follows: |
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(f) Before further proceedings in a case in which a motion |
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for the recusal or disqualification of a judge has been filed, the |
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judge shall: |
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(1) recuse himself or herself; or |
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(2) request the assignment of [that the presiding
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judge of the statutory probate courts assign] a judge to hear the |
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motion by forwarding the motion and opposing and concurring |
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statements to the presiding judge of the statutory probate courts |
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as provided by Subsection (h). |
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(g) A judge who recuses himself or herself: |
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(1) shall enter an order of recusal and request that |
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the presiding judge of the statutory probate courts request the |
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assignment of [assign] a judge to hear the motion for recusal or |
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disqualification as provided by Subsection (i); and |
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(2) may not take other action in the case except for |
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good cause stated in the order in which the action is taken. |
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(i) After receiving a request under Subsection (g) or (h), |
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the presiding judge of the statutory probate courts shall |
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immediately forward the request to the presiding judge of the |
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administrative judicial district and request that the presiding |
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judge of the administrative judicial district assign a judge to |
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hear the motion for recusal or disqualification. On receipt of the |
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request, the presiding judge of the administrative judicial |
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district shall: |
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(1) immediately set a hearing before himself or |
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herself or a judge designated by the presiding judge, except that |
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the presiding judge may not designate a judge of a statutory probate |
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court in the same county as the statutory probate court served by |
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the judge who is the subject of the motion; |
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(2) cause notice of the hearing to be given to all |
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parties or their counsel to the case; and |
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(3) make other orders, including orders for interim or |
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ancillary relief, in the pending case. |
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(k) A party may file a motion for sanctions alleging that |
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another party in the case filed a motion for the recusal or |
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disqualification of a judge solely to delay the case and without |
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sufficient cause. The presiding judge of the administrative |
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judicial district or the judge assigned [by the presiding judge] to |
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hear the motion for recusal may approve a motion for sanctions |
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authorized by Rule 215.2(b), Texas Rules of Civil Procedure. |
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SECTION 2. Subchapter B, Chapter 25, Government Code, is |
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amended by adding Section 25.00256 to read as follows: |
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Sec. 25.00256. TERTIARY RECUSAL MOTION AGAINST JUDGE. |
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(a) In this section, "tertiary recusal motion" means a third or |
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subsequent motion for recusal or disqualification filed in a case |
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against any statutory probate court judge by the same party. The |
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term includes any third or subsequent motion filed in the case by |
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the same party, regardless of whether that motion is filed against a |
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different judge than the judge or judges against whom the previous |
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motions for recusal or disqualification were filed. |
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(b) A judge who declines recusal after a tertiary recusal |
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motion is filed shall comply with applicable rules of procedure for |
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recusal and disqualification except that the judge shall continue |
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to: |
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(1) preside over the case; |
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(2) sign orders in the case; and |
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(3) move the case to final disposition as though a |
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tertiary recusal motion had not been filed. |
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(c) A judge hearing a tertiary recusal motion against |
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another judge who denies the motion shall award reasonable and |
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necessary attorney's fees and costs to the party opposing the |
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motion. The party making the motion and the attorney for the party |
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are jointly and severally liable for the award of fees and costs. |
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The fees and costs must be paid before the 31st day after the date |
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the order denying the tertiary recusal motion is rendered unless |
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the order is properly superseded. |
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(d) The denial of a tertiary recusal motion is only |
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reviewable on appeal from final judgment. |
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(e) If a tertiary recusal motion is finally sustained, the |
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new judge for the case shall vacate all orders signed by the sitting |
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judge during the pendency of the tertiary recusal motion. |
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SECTION 3. Subsection (a), Section 30.016, Civil Practice |
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and Remedies Code, is amended to read as follows: |
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(a) In this section, "tertiary recusal motion" means a third |
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or subsequent motion for recusal or disqualification filed against |
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a district court[, statutory probate court,] or statutory county |
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court judge by the same party in a case. |
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SECTION 4. The changes in law made by this Act apply only to |
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a motion for recusal or disqualification of a judge that is filed on |
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or after the effective date of this Act. A motion for recusal or |
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disqualification of a judge filed before the effective date of this |
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Act is governed by the law in effect on the date the motion was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 406 passed the Senate on |
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March 28, 2007, by the following vote: Yeas 30, Nays 0; |
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May 24, 2007, Senate refused to concur in House amendment and |
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requested appointment of Conference Committee; May 26, 2007, House |
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granted request of the Senate; May 27, 2007, Senate adopted |
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Conference Committee Report by the following vote: Yeas 30, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 406 passed the House, with |
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amendment, on May 23, 2007, by the following vote: Yeas 144, |
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Nays 0, two present not voting; May 26, 2007, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 28, 2007, House adopted Conference Committee Report by the |
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following vote: Yeas 141, Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |