82R1186 CAE-D
By: Raymond H.B. No. 156
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, 2011.