Texas Government Code

§ 25.00255 — RECUSAL OR DISQUALIFICATION OF JUDGE

GV § 25.00255Title 2. JUDICIAL BRANCH · Part A. COURTS · Ch. 25. STATUTORY COUNTY COURTS · Art. B. GENERAL PROVISIONS RELATING TO STATUTORY PROBATE COURTS

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(a)Notwithstanding any conflicting provision in the Texas Rules of Civil Procedure, Rules 18a and 18b, Texas Rules of Civil Procedure, apply to the recusal and disqualification of a statutory probate court judge except as otherwise provided by this section or another provision of this subchapter. The presiding judge:

(1)has the authority and shall perform the functions and duties of the presiding judge of the administrative judicial region under the rules, including the duty to hear or rule on a referred motion of recusal or disqualification or, subject to Subdivisions (2) and (3), assign a judge to hear and rule on a referred motion of recusal or disqualification;

(2)may assign a presiding judge of the administrative judicial region to hear and rule on a referred motion of recusal or disqualification only with the consent of the presiding judge of the administrative judicial region;

(3)may not assign a judge of a statutory probate court located in the same county as the statutory probate court served by the judge who is the subject of the motion of recusal or disqualification; and

(4)if the presiding judge is the subject of the motion of recusal or disqualification, shall sign and file with the clerk an order referring the motion to the chief justice of the supreme court for assignment of a presiding judge of an administrative judicial region, a statutory probate court judge, a former or retired judge of a statutory probate court, or a former or retired justice of an appellate court to hear and rule on the motion, subject to Subdivisions (2) and (3). (a-1) Notwithstanding Rule 18a(h), Texas Rules of Civil Procedure, or any other conflicting provision of the rules, the judge who hears a motion of recusal or disqualification, after notice and hearing, may:

(1)order the party or attorney who filed the motion, or both, to pay the reasonable attorney's fees and expenses incurred by another party if the judge determines that the motion was:

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Legislative history

Acts 2007, 80th Leg., R.S., Ch. 1297 (S.B. 406), Sec. 1, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 1206 (S.B. 683), Sec. 3, eff. September 1, 2009. Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 34, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 37(2), eff. September 1, 2015. Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 46, eff. September 1, 2019. Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 4.03, eff. September 17, 2025.