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


Office of House Bill AnalysisC.S.H.B. 2201
By: Tillery
Judicial Affairs
4/28/1999
Committee Report (Substituted)



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.  C.S.H.B. 2201 authorizes the judge of another
municipal court located in an adjacent municipality 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.  (a) Authorizes
the judge of another municipal court located in an adjacent municipality to
sit in the case, if the judge of a municipal court is disqualified or
recused in a pending case. 

(b) Prohibits a municipal court judge from sitting in a case for another
municipal court judge under this section if either party objects to the
judge.  Provides that an objection under this subsection must be filed
before the first hearing or trial, including pretrial hearings, over which
the judge is to preside. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2201 modifies the original in SECTION 1 (proposed Section 29.012,
Government Code) by providing that the judge of another municipal court in
an adjacent municipality may sit for another judge.  The substitute also
prohibits  a municipal court judge from sitting in a case for another
municipal court judge under this section if either party objects to the
judge.  Furthermore, the substitute provides that an objection under this
subsection must be filed before the first hearing or trial, including
pretrial hearings, over which the judge is to preside.