JC H.B. 3086 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 3086
By: Hartnett
4-9-97
Committee Report (Unamended)



BACKGROUND 

 Since the enactment of Government Code   25.0022, 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/retired judge assigned
to a county that has no statutory probate court.  Formal guidelines should
be enacted to address this issue. 
 Currently there is no procedure for recusal of statutory probate judges.
This bill will give guidance to attorneys in determining the procedure to
be followed.  


PURPOSE

  The purpose of this bill is to provide a procedure for the recusal of
statutory probate court judges similar to the recusal rules governing the
district and county courts.  This will 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.  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

 It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 


SECTION BY SECTION ANALYSIS

 SECTION 1 amends Government Code, Section 25.0022: (1) to 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;
and, (2) to provide that a former or retired statutory probate judge
assigned to a county that does not have a statutory probate court will
receive compensation 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 provides a procedure for the recusal and disqualification of
statutory probate judges in accordance with the procedure that the Texas
Supreme Court adopted to apply to the recusal of district and county
judges, Texas Rule of Procedure 18a. 

  SECTION 3.  Effective Date.

 SECTION 4.  Emergency Clause.