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.