Tex. Gov't Code § 23.302 · Subchapter D. GENERAL PROVISIONS
DEADLINES IN CERTAIN ELECTION PROCEEDINGS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Not later than 24 hours after the proceeding is filed, a judge to whom a case is assigned under Section 23.301(b) who wishes to be recused from the proceeding must, before recusal:
(1) hear an application for any emergency temporary relief sought;
(2) grant or deny any emergency temporary relief sought; and
(3) set a scheduling order that provides:
(A) a date for a hearing on any injunction sought not later than five days after the date on which the proceeding was filed; and
(B) discovery and deposition deadlines before the expiration of any emergency relief order entered.
(b) The presiding judge of an administrative region shall assign a new judge to a proceeding assigned under Section 23.301(b) not later than 12 hours after the original judge assigned to the proceeding is recused under Subsection (a).
(c) A final order in a proceeding filed under Section 273.081, Election Code, shall be submitted in writing to the parties not later than 24 hours after the judge makes a final determination in the proceeding.
(d) If a district judge does not comply with this section, a person may seek from the supreme court, the court of criminal appeals, or a court of appeals a writ of mandamus as provided by Section 273.061, Election Code, to compel compliance with this section.
(e) Notwithstanding Section 23.101(b-1), a proceeding relating to a permanent injunction being sought in connection to a challenge under Section 141.034, Election Code, may be heard after the primary election has been canvassed.
Notes and commentary — not statutory text
History
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 8.07, eff. December 2, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.23.htm
- Text hash
- sha256 47f7f931529763d7dee5ac2faa06fd05ab7d2075ce9e3b89cf48d153ce5e9d53
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Election Code
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.