C.S.H.B. 445 78(R) BILL ANALYSIS C.S.H.B. 445 By: Talton Judicial Affairs Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, questions have arisen regarding the tolling of limitations periods during the time in which recusal motions are pending in temporary guardianship proceedings. C.S.H.B. 445 tolls certain limitation periods while a recusal motion is pending. 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. ANALYSIS C.S.H.B. 445 amends the Probate Code to provide that the filing of a motion for the recusal of a judge in a temporary guardianship proceeding tolls the 10-day period prescribed by Section 875(f) of the Probate Code until the date on which the order on the recusal motion is rendered. The bill amends the Probate Code to provide that the filing of a recusal motion tolls the 60 day period prescribed by Section 875(h) of the Probate Code until the date on which the order on the recusal motion is rendered. EFFECTIVE DATE September 1, 2003. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute deletes the provisions in the original relating to the Health and Safety Code.