By:
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Lewis, Jackson H.B.
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No.
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79A BILL TO BE ENTITLEDAN ACTrelating to fiscal and other matters necessary for implementationof the judiciary budget as enacted by H.B. No. 1, Acts of the 82ndLegislature, Regular Session, 2011, and to the operation andadministration of, and practice and procedures in courts in, thejudicial branch of state government.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:ARTICLE 1. FISCAL NECESSITYSECTION
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1.01.
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The legislature finds that this Act isnecessary to the state to offset the effect of the approximately $30million budget reduction for the judiciary. The provisions of thisAct are designed to allow the judiciary to operate with the leastchance of harm to fulfilling the purpose of the judiciary and toallow the operation of the judiciary in the next state fiscalbiennium in an efficient manner.ARTICLE 2. APPELLATE COURT PROVISIONSSECTION
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2.01.
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Subsection (b), Section 22.002, GovernmentCode, is amended to read as follows:(b)
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The supreme court or, in vacation, a justice of thesupreme court may issue a writ of mandamus to compel a statutorycounty court judge, a statutory probate court judge, or a districtjudge to proceed to trial and judgment in a case [agreeable to theprinciples and usages of law, returnable to the supreme court on orbefore the first day of the term, or during the session of the term,123456789101112131415161718192021222324
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or before any justice of the supreme court as the nature of the caserequires].SECTION
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2.02.
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(a)
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Section 24.007, Property Code, isamended to read as follows:Sec.
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24.007.
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APPEAL. (a)
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[A final judgment of a countycourt in an eviction suit may not be appealed on the issue ofpossession unless the premises in question are being used forresidential purposes only.] A judgment of a county court in aneviction suit may not under any circumstances be stayed pendingappeal unless, within 10 days of the signing of the judgment, theappellant files a supersedeas bond in an amount set by the countycourt. In setting the supersedeas bond the county court shallprovide protection for the appellee to the same extent as in anyother appeal, taking into consideration the value of rents likelyto accrue during appeal, damages which may occur as a result of thestay during appeal, and other damages or amounts as the court maydeem appropriate.(b)
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Notwithstanding any other law, an appeal may be takenfrom a final judgment of a county court, statutory county court,statutory probate court, or district court in an eviction suit.(b)
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The change in law made by this section applies to anappeal of a final judgment rendered on or after the effective dateof this section. An appeal of a final judgment rendered before theeffective date of this section is governed by the law in effect onthe date the judgment was rendered, and the former law is continuedin effect for that purpose.1234567891011121314151617181920212223242526H.B.
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No.
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79
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ARTICLE
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3.
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GENERAL PROVISIONS FOR DISTRICT COURTSSECTION
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3.01.
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Section 24.002, Government Code, is amendedto read as follows:Sec.
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24.002.
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ASSIGNMENT OF JUDGE OR TRANSFER OF CASE ONRECUSAL [SUBSTITUTE JUDGES]. If a district judge determines on thejudge
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s own motion that the judge should not sit in a case pendingin the judge
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s court because the judge is disqualified or otherwiseshould recuse himself or herself, the judge shall enter a recusalorder, request the presiding judge of that administrative judicialregion to assign another judge to sit, and take no further action inthe case except for good cause stated in the order in which theaction is taken. A change of venue is not necessary because of thedisqualification of a district judge in a case or proceedingpending inthe judge
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s [his] court[, but the judge shallimmediately certify his disqualification to the governor. Thegovernor shall designate a district judge of another district toexchange benches with the disqualified judge to try the case. Thegovernor shall notify both judges of his designation, and thejudges shall exchange benches. If the judges are prevented fromexchanging benches, the parties or their counsels may agree on anattorney of the court for the trial of the case. The district judgeor special judge shall certify to the governor the fact of a failureof the parties or their counsels to agree on an attorney, and thegovernor shall appoint a person legally qualified to act as judge inthe trial of the case].SECTION
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3.02.
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Sections 24.003 and 24.007, Government Code,are amended to read as follows:123456789101112131415161718192021222324252627H.B.
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No.
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79
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