By: Murr H.B. No. 4213
A BILL TO BE ENTITLED
AN ACT
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.