SRC-HRD H.B. 3086 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3086
By: Hartnett (Wentworth)
Jurisprudence
5-13-97
Engrossed


DIGEST 

Since the enactment of Section 25.0022, Government Code, there have been
requests from the presiding judges of administrative judicial districts to
the presiding statutory probate court judge to assign a statutory probate
court judge to hear occasional probate matters in counties that do not
have a judge hearing probate matters exclusively.  The current statute has
no provision allowing such an assignment when a statutory probate judge's
expertise is needed.                                                       
Section 25.0022 allows compensation to a former or retired statutory
probate judge who is assigned to a county with a statutory probate court
but does not address the compensation to a former or retired judge
assigned to a county that has no statutory probate court.  Currently,
there is no procedure for recusal of statutory probate judges.   

H.B. 3086 is intended to give guidance to attorneys in determining the
procedure to be followed. This bill would provide a procedure for the
recusal of statutory probate court judges similar to the recusal rules
governing the district and county courts.  This would also allow the
presiding statutory probate judge to assign a statutory probate judge to
hear a probate matter in a county court or statutory county court at the
request of the presiding judge of an administrative judicial district.  

PURPOSE

As proposed, H.B. 3086 provides a procedure for the recusal of statutory
probate court judges similar to the recusal rules governing the district
and county courts, to allow the presiding statutory probate judge to
assign a statutory probate judge to hear a probate matter in a county or
statutory county court at the request of the presiding judge of an
administrative judicial district.  This bill also sets compensation for a
former or retired statutory probate judge assigned to a county that does
not have a statutory probate court.                   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 25.0022(i), (n), and (p), Government Code, to
authorize judges to be assigned in the manner provided by this section to
hold court in a statutory probate court, county court, or any other
statutory court exercising probate jurisdiction under certain conditions,
including when the presiding judge of an administrative judicial district
requests the assignment of a statutory probate judge to hear a probate
matter in a county court or statutory county court.  Provides that a judge
assigned under this section has the jurisdiction, powers, and duties given
by Sections 5, 5A, 606, and 607, Probate Code.  Requires a former or
retired judge assigned to a county that does not have a statutory probate
court to be paid an amount equal to the daily compensation of a judge of a
statutory probate court in the county where the assigned judge was last
elected.   

SECTION 2. Amends Chapter 25B, Government Code, by adding Section
25.00255, as follows: 

Sec. 25.00255.  RECUSAL OR DISQUALIFICATION OF JUDGE.  Authorizes a party
in a hearing or trial in a statutory probate court to file with the clerk
of the court a motion stating grounds for the recusal or disqualification
of the judge.  Sets forth additional  provisions regarding recusal or
disqualification and related proceedings. 

SECTION 3. Effective date: September 1, 1997.
   Makes application of this Act prospective.

SECTION 4. Emergency clause.