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.