| 1 | 1 | | By: Murr H.B. No. 4213 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the appeal of a party or attorney representing a party |
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| 7 | 7 | | of a sanction issued by a court following a ruling on a motion to |
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| 8 | 8 | | recuse. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 30 of the Texas Civil Practices and |
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| 11 | 11 | | Remedies Code is amended by adding Section 30.165 to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | Sec. 30.165. APPEAL FOLLOWING RULING ON A MOTION TO RECUSE |
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| 14 | 14 | | FILED BY A PARTY OR ATTORNEY REPRESENTING A PARTY TO A PROCEEDING. |
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| 15 | 15 | | (a) In a proceeding in which a party or an attorney |
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| 16 | 16 | | representing a party files a motion to recuse the court, and |
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| 17 | 17 | | following a ruling, is ordered to pay fees or expenses in accordance |
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| 18 | 18 | | with the Texas Rules of Civil Procedure, the party or attorney |
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| 19 | 19 | | representing a party may file a notice of appeal with the court no |
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| 20 | 20 | | later than thirty days following the date of the applicable order. |
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| 21 | 21 | | The appealing party or attorney representing a party, as |
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| 22 | 22 | | applicable, is entitled to and shall have the sanctions order |
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| 23 | 23 | | reviewed de novo by a jury or a judge. Selection of a jury for this |
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| 24 | 24 | | section shall occur in accordance with jury selection set forth for |
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| 25 | 25 | | a civil jury trial for the respective court of jurisdiction. |
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| 26 | 26 | | (b) A jury determination made pursuant to this section is |
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| 27 | 27 | | subject to appeal to the court of appeals having jurisdiction over |
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| 28 | 28 | | the case and shall occur in accordance with rules established for |
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| 29 | 29 | | the appeal of a ruling issued by a trial court. |
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| 30 | 30 | | (c) The Supreme Court of the State of Texas shall promulgate |
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| 31 | 31 | | changes to the Texas Rules of Civil Procedure to comply with this |
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| 32 | 32 | | section. |
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| 33 | 33 | | SECTION 2. This Act takes effect September 1, 2021. |
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