1-1 AN ACT
1-2 relating to statutory probate courts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 25.0022(i), (n), and (p), Government
1-5 Code, are amended to read as follows:
1-6 (i) Judges may be assigned in the manner provided by this
1-7 section to hold court in a statutory probate court, county court,
1-8 or any statutory court exercising probate jurisdiction when:
1-9 (1) the regular judge requests assignment of another
1-10 judge to the judge's court;
1-11 (2) the regular judge is absent, disabled, or
1-12 disqualified for any reason;
1-13 (3) the regular judge is present or is trying cases as
1-14 authorized by the constitution and laws of this state;
1-15 (4) the office of the regular judge is vacant; [or]
1-16 (5) the presiding judge of an administrative judicial
1-17 district requests the assignment of a statutory probate judge to
1-18 hear a probate matter in a county court or statutory county court;
1-19 or
1-20 (6) a motion to recuse the regular judge of a
1-21 statutory probate court has been filed.
1-22 (n) A judge assigned under this section has the
1-23 jurisdiction, powers, and duties given by Sections 5, [and] 5A,
1-24 606, and 607, Texas Probate Code, to the regular judge of the court
2-1 to which assigned.
2-2 (p) The daily compensation of a former or retired judge for
2-3 purposes of this section is set at an amount equal to the daily
2-4 compensation of a judge of a statutory probate court in the county
2-5 in which the former or retired judge is assigned. A former or
2-6 retired judge assigned to a county that does not have a statutory
2-7 probate court shall be paid an amount equal to the daily
2-8 compensation of a judge of a statutory probate court in the county
2-9 where the assigned judge was last elected.
2-10 SECTION 2. Subchapter B, Chapter 25, Government Code, is
2-11 amended by adding Section 25.00255 to read as follows:
2-12 Sec. 25.00255. RECUSAL OR DISQUALIFICATION OF JUDGE. (a) A
2-13 party in a hearing or trial in a statutory probate court may file
2-14 with the clerk of the court a motion stating grounds for the
2-15 recusal or disqualification of the judge. The grounds may include
2-16 any disability of the judge to preside over the case.
2-17 (b) A motion for the recusal or disqualification of a judge
2-18 must:
2-19 (1) be filed at least 10 days before the date of the
2-20 hearing or trial, except as provided by Subsection (c);
2-21 (2) be verified; and
2-22 (3) state with particularity the alleged grounds for
2-23 recusal or disqualification of the judge based on:
2-24 (A) personal knowledge that is supported by
2-25 admissible evidence; or
2-26 (B) specifically stated grounds for belief of
2-27 the allegations.
3-1 (c) A motion for recusal or disqualification may be filed at
3-2 the earliest practicable time before the beginning of the trial or
3-3 other hearing if a judge is assigned to a case 10 or fewer days
3-4 before the date set for a trial or hearing.
3-5 (d) A party filing a motion for recusal or disqualification
3-6 shall serve on all other parties or their counsel:
3-7 (1) copies of the motion; and
3-8 (2) notice that the movant expects the motion to be
3-9 presented to the judge three days after the filing of the motion
3-10 unless the judge orders otherwise.
3-11 (e) A party may file with the clerk of the court a statement
3-12 opposing or concurring with a motion for recusal or
3-13 disqualification at any time before the motion is heard.
3-14 (f) Before further proceedings in a case in which a motion
3-15 for the recusal or disqualification of a judge has been filed, the
3-16 judge shall:
3-17 (1) recuse himself; or
3-18 (2) request that the presiding judge of the statutory
3-19 probate courts assign a judge to hear the motion.
3-20 (g) A judge who recuses himself:
3-21 (1) shall enter an order of recusal and request that
3-22 the presiding judge of the statutory probate courts assign a judge
3-23 to hear the motion for recusal or disqualification; and
3-24 (2) may not take other action in the case except for
3-25 good cause stated in the order in which the action is taken.
3-26 (h) A judge who does not recuse himself:
3-27 (1) shall forward to the presiding judge of the
4-1 statutory probate courts, in either original form or certified
4-2 copy, an order of referral, the motion for recusal or
4-3 disqualification, and all opposing and concurring statements; and
4-4 (2) may not take other action in the case during the
4-5 time after the filing of the motion for recusal or disqualification
4-6 and before a hearing on the motion, except for good cause stated in
4-7 the order in which the action is taken.
4-8 (i) After receiving a request under Subsection (g) or (h),
4-9 the presiding judge of the statutory probate courts shall:
4-10 (1) immediately set a hearing before himself or a
4-11 judge designated by the presiding judge;
4-12 (2) cause notice of the hearing to be given to all
4-13 parties or their counsel to the case; and
4-14 (3) make other orders, including orders for interim or
4-15 ancillary relief, in the pending case.
4-16 (j) After a statutory probate court has rendered the final
4-17 judgment in a case, a party may appeal an order that denies a
4-18 motion for recusal or disqualification as an abuse of the court's
4-19 discretion. A party may not appeal an order that grants a motion
4-20 for recusal or disqualification.
4-21 (k) A party may file a motion for sanctions alleging that
4-22 another party in the case filed a motion for the recusal or
4-23 disqualification of a judge solely to delay the case and without
4-24 sufficient cause. The presiding judge or the judge assigned by the
4-25 presiding judge to hear the motion for recusal may approve a motion
4-26 for sanctions authorized by Rule 215(2)(b), Texas Rules of Civil
4-27 Procedure.
5-1 SECTION 3. Section 5, Texas Probate Code, is amended by
5-2 adding Subsection (g) to read as follows:
5-3 (g) Notwithstanding any other law, a statutory county court
5-4 created under Chapter 25, Government Code, that has the
5-5 jurisdiction of a statutory probate court on August 31, 1997,
5-6 retains that jurisdiction after that date. This subsection expires
5-7 August 31, 1999.
5-8 SECTION 4. (a) An interim committee is created to study the
5-9 statutory probate system and to determine the appropriate
5-10 jurisdiction of probate courts in this state.
5-11 (b) The committee consists of six members, of whom:
5-12 (1) three shall be appointed by the lieutenant
5-13 governor from the members of the Senate Committee on Jurisprudence;
5-14 and
5-15 (2) three shall be appointed by the speaker of the
5-16 house of representatives from the members of the House Committee on
5-17 Judicial Affairs.
5-18 (c) The presiding officers appointing the members of the
5-19 committee shall each appoint a presiding officer from among the
5-20 members appointed to the committee.
5-21 (d) The committee shall convene at the call of the two
5-22 presiding officers.
5-23 (e) The committee shall study the statutory probate system
5-24 of this state and the jurisdiction of the various courts with
5-25 probate jurisdiction and shall make recommendations concerning the
5-26 appropriate jurisdiction of those courts.
5-27 (f) Not later than February 1, 1999, the committee shall
6-1 report the committee's findings and recommendations to the
6-2 lieutenant governor, the speaker of the house of representatives,
6-3 and the members of the 76th Legislature.
6-4 (g) Not later than the 15th day after the effective date of
6-5 this Act, the lieutenant governor and the speaker of the house of
6-6 representatives shall appoint the members of the interim committee
6-7 created under this section.
6-8 SECTION 5. (a) This Act takes effect September 1, 1997.
6-9 (b) Section 25.0022, Government Code, as amended by this
6-10 Act, applies only to an assignment of a statutory probate court
6-11 judge made on or after the effective date of this Act. An
6-12 assignment made before that date is governed by the law as it
6-13 existed on the date that assignment is made, and that law is
6-14 continued in effect for that purpose.
6-15 (c) Section 25.00255, Government Code, as added by this Act,
6-16 applies only to a motion for recusal or disqualification of a
6-17 statutory probate court judge filed on or after the effective date
6-18 of this Act. A motion for recusal or disqualification of a
6-19 statutory probate court judge filed before the effective date of
6-20 this Act is governed by the law as it existed on the date the
6-21 motion was filed, and that law is continued in effect for that
6-22 purpose.
6-23 SECTION 6. The importance of this legislation and the
6-24 crowded condition of the calendars in both houses create an
6-25 emergency and an imperative public necessity that the
6-26 constitutional rule requiring bills to be read on three several
6-27 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3086 was passed by the House on May
2, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 3086 on May 24, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3086 was passed by the Senate, with
amendments, on May 21, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor