In Re Houston Lighting & Power Co.

The issue in this mandamus proceeding is whether a district court judge abused his discretion by declining to disqualify himself from a case that was transferred to his court. On January 27, 1998, Judge Mark Davidson was assigned to the 127th District Court on the condition that he hear the underlying case. The same day the case was transferred from the 127 th District Court to the 11th District Court, where Judge Davidson is the duly elected judge. The real party in interest, the City of Wharton, objected to Judge Davidson’s assignment under Section 74.053 of the Texas Government Code. The…