Tex. Elec. Code § 231.004 · Chapter 231. CONTEST IN DISTRICT COURT GENERALLY
DISQUALIFICATION OF DISTRICT JUDGE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The judge of a judicial district that includes any territory covered by a contested election that is less than statewide is disqualified to preside in the contest.
(b) If a contest is filed in which a judge is disqualified under Subsection (a), the district clerk shall promptly call the filing to the attention of the judge. The judge shall promptly request the presiding judge of the administrative judicial region to assign a special judge to preside in the contest.
(c) A judge who resides in the territory covered by a contested election is not eligible for assignment as a special judge for the contest.
(d) Subsections (a), (b), and (c) do not apply to a contest of an election for an office of a political party.
(e) In an election contest in which the district judge is disqualified, until a special judge is assigned to preside over the contest, the presiding judge of the administrative judicial region may take any action regarding the contest that a district judge may take if the contested election is:
(1) a primary election; or
(2) an election in which a runoff in the contested race is necessary, according to the official returns, or will be necessary if the contestant prevails.
Notes and commentary — not statutory text
History
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 7.14, eff. Aug. 28, 1989.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/EL/htm/EL.231.htm
- Text hash
- sha256 08cb789ac084644d068ff9ebce17e65358acb2ddcdc66d5513d896f0192b0e0d
- 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.