HBA-MPA H.B. 187 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 187
By: Longoria
Criminal Jurisprudence
2/8/1999
Introduced



BACKGROUND AND PURPOSE 

Rule 18a, Texas Rules of Civil Procedure, provides for the recusal of a
judge in a civil matter. Article 30.01, Code of Criminal Procedure, has
been applied in criminal cases in which a motion to recuse  has been filed
in trial court.  Historically, the same rules have applied to both criminal
courts and civil courts.  In 1989, the Third Court of Appeals held that the
criminal courts were not necessarily under the same law and application.
The ruling of the Third Court of Appeals was appealed in 1989, and there
has never been a ruling on it.  Rule 18a allows the court in question to
recuse itself or to certify to the regional administrative judge that such
a motion has been filed.  The administrative judge then assigns a
disinterested judge to hear and rule on the motion.  The court that is
asked to recuse itself does not "pass judgment" on itself.  H.B. 187 will
place the civil courts and the criminal courts on the same footing with
respect to motions to recuse. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 30.01, Code of Criminal Procedure, to require a
judge or justice of the peace to disqualify himself if his impartiality may
reasonably be questioned, he has a personal bias or prejudice concerning a
party, he has personal knowledge of the disputed evidentiary facts
concerning the case, or an attorney involved in the case is his spouse or a
person involved with him or his spouse to the first degree of consanguinity
or affinity.  Requires that a judge or justice of the peace follow the
procedures for disposing of a motion for recusal or disqualification in a
civil case (Rule 18a, Texas Rules of Civil Procedure) if a party files a
motion to disqualify.  Creates Subsection (a) from existing text. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.