By Hartnett                                     H.B. No. 3086

      75R9011 SAW-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to statutory probate court judges.

 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.  (a)  This Act takes effect September 1, 1997.

 5-2           (b)  Section 25.0022, Government Code, as amended by this

 5-3     Act, applies only to an assignment of a statutory probate court

 5-4     judge made on or after the effective date of this Act.  An

 5-5     assignment made before that date is governed by the law as it

 5-6     existed on the date that assignment is made, and that law is

 5-7     continued in effect for that purpose.

 5-8           (c)  Section 25.00255, Government Code, as added by this Act,

 5-9     applies only to a motion for recusal or disqualification of a

5-10     statutory probate court judge filed on or after the effective date

5-11     of this Act. A motion for recusal or disqualification of a

5-12     statutory probate court judge filed before the effective date of

5-13     this Act is governed by the law as it existed on the date the

5-14     motion was filed, and that law is continued in effect for that

5-15     purpose.

5-16           SECTION 4.  The importance of this legislation and the

5-17     crowded condition of the calendars in both houses create an

5-18     emergency and an imperative public necessity that the

5-19     constitutional rule requiring bills to be read on three several

5-20     days in each house be suspended, and this rule is hereby suspended.