Texas § GV.29.055 - PROCEDURE FOLLOWING FILING OF MOTION

§ GV.29.055. PROCEDURE FOLLOWING FILING OF MOTION

PROCEDURE FOLLOWING FILING OF MOTION; RECUSAL OR DISQUALIFICATION WITHOUT MOTION. (a) Before further proceedings in a case in which a motion for the recusal or disqualification of a municipal judge has been filed, the judge shall: (1) recuse or disqualify himself or herself; or (2) request the regional presiding judge to assign a judge to hear the motion. (b) A municipal judge who with or without a motion recuses or disqualifies himself or herself: (1) shall enter an order of recusal or disqualification and: (A) if the municipal judge is not the presiding judge, request the presiding judge to assign any other judge of the municipal court, including the presiding judge, to hear the case; (B) if the municipal judge is the presiding judge, request the regional presiding judge to assign another judge of the municipal court to hear the case; or (C) if the municipal judge serves in a municipality with only one municipal judge, request the regional presiding judge to assign a judge of another municipal court in the county to hear the case; and (2) may not take other action in the case, except that a judge who recuses himself or herself for good cause may take other action as stated in the order in which the action is taken. (c) A municipal judge who does not recuse or disqualify himself or herself: (1) shall forward, in original form or certified copy, an order of referral, the motion, and all opposing and concurring statements to the regional presiding judge; and (2) may not take other action in the case during the time after the filing of the motion for recusal or disqualification and before a hearing on the motion, except for good cause stated in the order in which the action is taken. Added by Acts 2011, 82nd Leg., R.S., Ch. 1184 (H.B. 3475 ), Sec. 1, eff. September 1, 2011. Added by Acts 2011, 82nd Leg., R.S., Ch. 1324 (S.B. 480 ), Sec. 2, eff. June 17, 2011.