SRC-JLB H.B. 445 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 445
78R14057 MTB-DBy: Talton (Janek)
Jurisprudence
5/21/2003
Engrossed


DIGEST AND PURPOSE 

Once a judge grants a temporary guardianship, a hearing to affirm or deny
the temporary guardianship must occur no later than 10 days after
temporary guardianship is granted.  As a result, some attorneys have filed
a motion for recusal late in the 10-day period, which makes it difficult
to hear a recusal motion and temporary guardianship within the proscribed
10 days. H.B. 445 tolls the clock when the recusal motion is made and
restarts the clock once the recusal motion is determined. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 875(f), Texas Probate Code, by amending
Subdivision (1) and adding Subdivision (7), as follows: 
  
(1)  Requires a hearing to be held not later than the 10th day after the
date of the filing of the application for temporary guardianship unless
the hearing date is extended as provided by Subdivision (2) of this
subsection or is tolled as provided by Subdivision (7) of this subsection.

(7)  Provides that the filing of a motion for the recusal of a judge in a
temporary guardianship proceeding tolls the 10-day period prescribed by
Subdivision (1) of this section until the date on which the order on the
recusal motion is rendered. 
 
SECTION 2.  Amends Section 875, Texas Probate Code, by amending Subsection
(h) and adding Subsection (l), as follows: 
 
(h)  Prohibits a temporary guardianship, except as provided by Subsection
(k) or (l) of this section, from remaining in effect for more than 60
days. 
 
(l)  Provides that the filing of a recusal motion tolls the 60-day period
prescribed by Subsection (h) of this section until the date on which the
order on the recusal motion is rendered. 
 
SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date:  September 1, 2003.