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.