Tex. Civ. Prac. & Rem. Code § 30.016 · Chapter 30. MISCELLANEOUS PROVISIONS
RECUSAL OR DISQUALIFICATION OF CERTAIN JUDGES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this section, "tertiary recusal motion" means a third or subsequent motion for recusal or disqualification filed against a district court, statutory county court, or business court judge by the same party in a case.
(b) A judge who declines recusal after a tertiary recusal motion is filed shall comply with applicable rules of procedure for recusal and disqualification except that the judge shall continue to:
(1) preside over the case;
(2) sign orders in the case; and
(3) move the case to final disposition as though a tertiary recusal motion had not been filed.
(c) A judge hearing a tertiary recusal motion against another judge who denies the motion shall award reasonable and necessary attorney's fees and costs to the party opposing the motion. The party making the motion and the attorney for the party are jointly and severally liable for the award of fees and costs. The fees and costs must be paid before the 31st day after the date the order denying the tertiary recusal motion is rendered, unless the order is properly superseded.
(d) The denial of a tertiary recusal motion is only reviewable on appeal from final judgment.
(e) If a tertiary recusal motion is finally sustained, the new judge for the case shall vacate all orders signed by the sitting judge during the pendency of the tertiary recusal motion.
Notes and commentary — not statutory text
History
Added by Acts 1999, 76th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1297 (S.B. 406), Sec. 3, eff. September 1, 2007.
Acts 2025, 89th Leg., R.S., Ch. 912 (H.B. 40), Sec. 7, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.30.htm
- Text hash
- sha256 0f334836f4d53812a0a72a1b3b4500feb011d87aee531efe33b835bed1be2a5c
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.