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A BILL TO BE ENTITLED
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AN ACT
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relating to the recusal and disqualification of municipal judges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 29, Government Code, is amended by |
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adding Subchapter A-1 to read as follows: |
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SUBCHAPTER A-1. RECUSAL OR DISQUALIFICATION OF MUNICIPAL JUDGES |
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Sec. 29.051. DEFINITIONS. In this chapter: |
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(1) "Active judge" means a person who holds office as a |
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district court judge or statutory county court judge. |
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(2) "Presiding judge" means the presiding judge of a |
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municipal court, including a municipal court of record. |
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(3) "Regional presiding judge" means the presiding |
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judge of the administrative judicial region appointed under Section |
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74.005. |
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Sec. 29.052. MOTION FOR RECUSAL OR DISQUALIFICATION. (a) A |
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party in a hearing or trial in a municipal court, including a |
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municipal court of record, may file with the clerk of the court a |
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motion stating grounds for the recusal or disqualification of the |
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municipal judge. The grounds may include any disability of the |
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judge to preside over the case. |
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(b) A motion for the recusal or disqualification of a |
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municipal judge must: |
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(1) be filed at least 10 days before the date of the |
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hearing or trial, except as provided by Subsection (c); |
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(2) be verified; and |
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(3) state with particularity the alleged grounds for |
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recusal or disqualification of the judge based on: |
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(A) personal knowledge that is supported by |
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admissible evidence; or |
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(B) specifically stated grounds for belief of the |
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allegations. |
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(c) A motion for recusal or disqualification must be filed |
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at the earliest practicable time before the beginning of the trial |
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or other hearing if a judge is assigned to a case 10 or fewer days |
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before the date set for a trial or hearing. |
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Sec. 29.053. NOTICE. A party filing a motion for recusal or |
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disqualification under this subchapter shall serve on all other |
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parties or their counsel: |
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(1) copies of the motion; and |
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(2) notice that the movant expects the motion to be |
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presented to the judge three days after the filing of the motion |
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unless the judge orders otherwise. |
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Sec. 29.054. STATEMENT OPPOSING OR CONCURRING WITH |
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MOTION. A party may file with the clerk of the court a statement |
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opposing or concurring with a motion for recusal or |
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disqualification at any time before the motion is heard. |
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Sec. 29.055. PROCEDURE FOLLOWING FILING OF MOTION; RECUSAL |
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OR DISQUALIFICATION WITHOUT MOTION. (a) Before further proceedings |
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in a case in which a motion for the recusal or disqualification of a |
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municipal judge has been filed, the judge shall: |
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(1) recuse or disqualify himself or herself; or |
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(2) request the regional presiding judge to assign a |
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judge to hear the motion. |
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(b) A municipal judge who with or without a motion recuses |
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or disqualifies himself or herself: |
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(1) shall enter an order of recusal or |
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disqualification and: |
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(A) if the municipal judge is not the presiding |
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judge, request the presiding judge to assign any other judge of the |
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municipal court, including the presiding judge, to hear the case; |
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(B) if the municipal judge is the presiding |
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judge, request the regional presiding judge to assign another judge |
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of the municipal court to hear the case; or |
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(C) if the municipal judge serves in a |
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municipality with only one municipal judge, request the regional |
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presiding judge to assign a judge of another municipal court in the |
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county to hear the case; and |
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(2) may not take other action in the case, except that |
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a judge who recuses himself or herself for good cause may take other |
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action as stated in the order in which the action is taken. |
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(c) A municipal judge who does not recuse or disqualify |
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himself or herself: |
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(1) shall forward, in original form or certified copy, |
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an order of referral, the motion, and all opposing and concurring |
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statements to the regional presiding judge; and |
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(2) may not take other action in the case during the |
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time after the filing of the motion for recusal or disqualification |
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and before a hearing on the motion, except for good cause stated in |
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the order in which the action is taken. |
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Sec. 29.056. HEARING ON MOTION. (a) A regional presiding |
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judge who receives a request for the assignment of a judge to hear a |
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motion to recuse or disqualify shall: |
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(1) immediately set a hearing before the regional |
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presiding judge, an active judge, or a judge on the list of judges |
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who are eligible to serve on assignment under Section 74.055; |
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(2) cause notice of the hearing to be given to all |
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parties or their counsel; and |
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(3) make any other orders, including orders on interim |
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or ancillary relief in the pending cause as justice may require. |
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(b) A judge who hears a motion for recusal or |
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disqualification under Subsection (a) may also hear any amended or |
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supplemented motion for recusal or disqualification filed in the |
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case. |
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(c) If none of the parties to an action object, a hearing |
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under Subsection (a) or (b) may be conducted by telephone. |
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Sec. 29.057. PROCEDURE FOLLOWING GRANTING OF MOTION. (a) |
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If a motion for recusal or disqualification is granted after a |
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hearing is conducted as provided by Section 29.056, the judge who |
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heard the motion shall enter an order of recusal or |
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disqualification, and: |
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(1) if the judge who was the subject of the motion is |
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not the presiding judge, request that the presiding judge assign |
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any other judge of the municipality, including the presiding judge, |
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to hear the case; |
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(2) if the judge who was the subject of the motion is |
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the presiding judge, request the regional presiding judge to assign |
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another judge of the municipality to hear the case; or |
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(3) if the judge subject to recusal or |
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disqualification is located in a municipality with only one |
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municipal judge, request the regional presiding judge to assign a |
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judge of another municipal court in the county to hear the case. |
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(b) If the presiding judge is unable to assign a judge of the |
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municipality to hear a case when a municipal judge is recused or |
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disqualified under Section 29.055 or 29.056 because there are not |
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any other municipal judges in the municipality or because all the |
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municipal judges have been recused or disqualified or are otherwise |
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unavailable to hear the case, the presiding judge shall request the |
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regional presiding judge to first assign a municipal judge from |
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another municipality in the county or, if necessary, assign a |
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municipal judge from a municipality in an adjacent county to hear |
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the case. |
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(c) If the regional presiding judge is unable to assign a |
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judge to hear a case when a municipal judge is recused or |
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disqualified under Section 29.055 or 29.056 because there are not |
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any other municipal judges in the county or because all the |
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municipal judges have been recused or disqualified or are otherwise |
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unavailable to hear the case, the regional presiding judge may |
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assign a municipal judge from a municipality in an adjacent county |
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to hear the case. |
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Sec. 29.058. APPEAL. (a) After a municipal court of record |
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has rendered a final judgment in a case, a party may appeal an order |
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that denies a motion for recusal or disqualification as an abuse of |
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the court's discretion. |
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(b) A party may not appeal an order that grants a motion for |
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recusal or disqualification. |
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Sec. 29.059. CONTEMPT. If a party files a motion to recuse |
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or disqualify under this subchapter and it is determined by the |
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judge hearing the motion, at the hearing and on motion of the |
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opposing party, that the motion to recuse or disqualify is brought |
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solely for the purpose of delay and without sufficient cause, the |
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judge may in the interest of justice find the party filing the |
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motion in contempt under Section 21.002(c). |
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Sec. 29.060. COMPENSATION. (a) An active judge who is |
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assigned to hear a motion to recuse or disqualify a municipal judge |
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under this subchapter is not entitled to additional compensation |
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other than travel expenses. A judge assigned to hear a motion to |
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recuse or disqualify who is not an active judge is entitled to: |
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(1) compensation of $450 per day of service, prorated |
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for any day for which the judge provides less than a full day of |
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service; and |
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(2) travel expenses. |
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(b) A municipal judge assigned under this subchapter to hear |
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a case in a court other than the one in which the judge resides or |
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serves is entitled to compensation provided by law for judges in |
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similar cases and travel expenses. |
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(c) The municipality in which a case subject to this |
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subchapter is pending shall pay the compensation and travel |
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expenses due or incurred under this subchapter. |
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SECTION 2. Subchapter A, Chapter 29, Government Code, is |
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amended by adding Section 29.013 to read as follows: |
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Sec. 29.013. REPORT TO TEXAS JUDICIAL COUNCIL. (a) The |
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secretary of the municipality in a municipality with a municipal |
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court, including a municipal court of record, or the employee |
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responsible for maintaining the records of the municipality's |
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governing body shall notify the Texas Judicial Council of the name |
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of: |
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(1) each person who is elected or appointed as mayor, |
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municipal court judge, or clerk of a municipal court; and |
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(2) each person who vacates an office described by |
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Subdivision (1). |
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(b) The secretary or employee shall notify the judicial |
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council not later than the 30th day after the date of the person's |
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election or appointment to office or vacancy from office. |
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SECTION 3. The following sections are repealed: |
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(1) Section 29.012, Government Code; and |
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(2) Section 22.073(c), Local Government Code. |
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SECTION 4. Subchapter A-1, Chapter 29, Government Code, as |
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added by this Act, applies only to a hearing or trial initially |
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filed in a municipal court on or after the effective date of this |
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Act. |
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SECTION 5. This Act takes effect September 1, 2011. |