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


Office of House Bill AnalysisH.B. 2201
By: Tillery
Judicial Affairs
7/7/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, the law relating to municipal court
judges made 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 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.