HBA-KMH H.B. 2201 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2201
By: Tillery
Judicial Affairs
3/24/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the law relating to municipal court judges makes no provision
for a judge of one municipal court to sit for a judge of another municipal
court.  Under Article 30.01 (Causes Which Disqualify), Code of Criminal
Procedure, there are occasions wherein a judge is absolutely disqualified
to hear a particular case.  There are other instances when a municipal
judge should recuse.  H.B. 2201 authorizes the judge of another municipal
court to sit in the case, if the judge of a municipal court is disqualified
or recused in a pending case. 

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 Subchapter A, Chapter 29, Government Code, by adding
Section 29.012, as follows: 

Sec.  29.012.  SITTING FOR DISQUALIFIED OR RECUSED JUDGE.  Authorizes the
judge of another municipal court to sit in the case, if the judge of a
municipal court is disqualified or recused in a pending case. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.