H.B. No. 3475
AN ACT
relating to the recusal and disqualification of municipal judges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 29, Government Code, is amended by
adding Subchapter A-1 to read as follows:
SUBCHAPTER A-1. RECUSAL OR DISQUALIFICATION OF MUNICIPAL JUDGES
Sec. 29.051. DEFINITIONS. In this chapter:
(1) "Active judge" means a person who holds office as a
district court judge or statutory county court judge.
(2) "Presiding judge" means the presiding judge of a
municipal court, including a municipal court of record.
(3) "Regional presiding judge" means the presiding
judge of the administrative judicial region appointed under Section
74.005.
Sec. 29.052. MOTION FOR RECUSAL OR DISQUALIFICATION. (a) A
party in a hearing or trial in a municipal court, including a
municipal court of record, may file with the clerk of the court a
motion stating grounds for the recusal or disqualification of the
municipal judge. The grounds may include any disability of the
judge to preside over the case.
(b) A motion for the recusal or disqualification of a
municipal judge must:
(1) be filed at least 10 days before the date of the
hearing or trial, except as provided by Subsection (c);
(2) be verified; and
(3) state with particularity the alleged grounds for
recusal or disqualification of the judge based on:
(A) personal knowledge that is supported by
admissible evidence; or
(B) specifically stated grounds for belief of the
allegations.
(c) A motion for recusal or disqualification must be filed
at the earliest practicable time before the beginning of the trial
or other hearing if a judge is assigned to a case 10 or fewer days
before the date set for a trial or hearing.
Sec. 29.053. NOTICE. A party filing a motion for recusal or
disqualification under this subchapter shall serve on all other
parties or their counsel:
(1) copies of the motion; and
(2) notice that the movant expects the motion to be
presented to the judge three days after the filing of the motion
unless the judge orders otherwise.
Sec. 29.054. STATEMENT OPPOSING OR CONCURRING WITH
MOTION. A party may file with the clerk of the court a statement
opposing or concurring with a motion for recusal or
disqualification at any time before the motion is heard.
Sec. 29.055. PROCEDURE FOLLOWING FILING OF MOTION; RECUSAL
OR DISQUALIFICATION WITHOUT MOTION. (a) Before further proceedings
in a case in which a motion for the recusal or disqualification of a
municipal judge has been filed, the judge shall:
(1) recuse or disqualify himself or herself; or
(2) request the regional presiding judge to assign a
judge to hear the motion.
(b) A municipal judge who with or without a motion recuses
or disqualifies himself or herself:
(1) shall enter an order of recusal or
disqualification and:
(A) if the municipal judge is not the presiding
judge, request the presiding judge to assign any other judge of the
municipal court, including the presiding judge, to hear the case;
(B) if the municipal judge is the presiding
judge, request the regional presiding judge to assign another judge
of the municipal court to hear the case; or
(C) if the municipal judge serves in a
municipality with only one municipal judge, request the regional
presiding judge to assign a judge of another municipal court in the
county to hear the case; and
(2) may not take other action in the case, except that
a judge who recuses himself or herself for good cause may take other
action as stated in the order in which the action is taken.
(c) A municipal judge who does not recuse or disqualify
himself or herself:
(1) shall forward, in original form or certified copy,
an order of referral, the motion, and all opposing and concurring
statements to the regional presiding judge; and
(2) may not take other action in the case during the
time after the filing of the motion for recusal or disqualification
and before a hearing on the motion, except for good cause stated in
the order in which the action is taken.
Sec. 29.056. HEARING ON MOTION. (a) A regional presiding
judge who receives a request for the assignment of a judge to hear a
motion to recuse or disqualify shall:
(1) immediately set a hearing before the regional
presiding judge, an active judge, or a judge on the list of judges
who are eligible to serve on assignment under Section 74.055;
(2) cause notice of the hearing to be given to all
parties or their counsel; and
(3) make any other orders, including orders on interim
or ancillary relief in the pending cause as justice may require.
(b) A judge who hears a motion for recusal or
disqualification under Subsection (a) may also hear any amended or
supplemented motion for recusal or disqualification filed in the
case.
(c) If none of the parties to an action object, a hearing
under Subsection (a) or (b) may be conducted by telephone.
Sec. 29.057. PROCEDURE FOLLOWING GRANTING OF MOTION. (a)
If a motion for recusal or disqualification is granted after a
hearing is conducted as provided by Section 29.056, the judge who
heard the motion shall enter an order of recusal or
disqualification, and:
(1) if the judge who was the subject of the motion is
not the presiding judge, request that the presiding judge assign
any other judge of the municipality, including the presiding judge,
to hear the case;
(2) if the judge who was the subject of the motion is
the presiding judge, request the regional presiding judge to assign
another judge of the municipality to hear the case; or
(3) if the judge subject to recusal or
disqualification is located in a municipality with only one
municipal judge, request the regional presiding judge to assign a
judge of another municipal court in the county to hear the case.
(b) If the presiding judge is unable to assign a judge of the
municipality to hear a case when a municipal judge is recused or
disqualified under Section 29.055 or 29.056 because there are not
any other municipal judges in the municipality or because all the
municipal judges have been recused or disqualified or are otherwise
unavailable to hear the case, the presiding judge shall request the
regional presiding judge to first assign a municipal judge from
another municipality in the county or, if necessary, assign a
municipal judge from a municipality in an adjacent county to hear
the case.
(c) If the regional presiding judge is unable to assign a
judge to hear a case when a municipal judge is recused or
disqualified under Section 29.055 or 29.056 because there are not
any other municipal judges in the county or because all the
municipal judges have been recused or disqualified or are otherwise
unavailable to hear the case, the regional presiding judge may
assign a municipal judge from a municipality in an adjacent county
to hear the case.
Sec. 29.058. APPEAL. (a) After a municipal court of record
has rendered a final judgment in a case, a party may appeal an order
that denies a motion for recusal or disqualification as an abuse of
the court's discretion.
(b) A party may not appeal an order that grants a motion for
recusal or disqualification.
Sec. 29.059. CONTEMPT. If a party files a motion to recuse
or disqualify under this subchapter and it is determined by the
judge hearing the motion, at the hearing and on motion of the
opposing party, that the motion to recuse or disqualify is brought
solely for the purpose of delay and without sufficient cause, the
judge may in the interest of justice find the party filing the
motion in contempt under Section 21.002(c).
Sec. 29.060. COMPENSATION. (a) An active judge who is
assigned to hear a motion to recuse or disqualify a municipal judge
under this subchapter is not entitled to additional compensation
other than travel expenses. A judge assigned to hear a motion to
recuse or disqualify who is not an active judge is entitled to:
(1) compensation of $450 per day of service, prorated
for any day for which the judge provides less than a full day of
service; and
(2) travel expenses.
(b) A municipal judge assigned under this subchapter to hear
a case in a court other than the one in which the judge resides or
serves is entitled to compensation provided by law for judges in
similar cases and travel expenses.
(c) The municipality in which a case subject to this
subchapter is pending shall pay the compensation and travel
expenses due or incurred under this subchapter.
SECTION 2. Subchapter A, Chapter 29, Government Code, is
amended by adding Section 29.013 to read as follows:
Sec. 29.013. REPORT TO TEXAS JUDICIAL COUNCIL. (a) The
secretary of the municipality in a municipality with a municipal
court, including a municipal court of record, or the employee
responsible for maintaining the records of the municipality's
governing body shall notify the Texas Judicial Council of the name
of:
(1) each person who is elected or appointed as mayor,
municipal court judge, or clerk of a municipal court; and
(2) each person who vacates an office described by
Subdivision (1).
(b) The secretary or employee shall notify the judicial
council not later than the 30th day after the date of the person's
election or appointment to office or vacancy from office.
SECTION 3. The following sections are repealed:
(1) Section 29.012, Government Code; and
(2) Section 22.073(c), Local Government Code.
SECTION 4. Subchapter A-1, Chapter 29, Government Code, as
added by this Act, applies only to a hearing or trial initially
filed in a municipal court on or after the effective date of this
Act.
SECTION 5. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3475 was passed by the House on May
11, 2011, by the following vote: Yeas 142, Nays 7, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3475 was passed by the Senate on May
25, 2011, by the following vote: Yeas 31, Nays 0
.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor