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78R14057 MTB-D


By:  Talton                                                       H.B. No. 445

Substitute the following for H.B. No. 445:                                    

By:  Hartnett                                                 C.S.H.B. No. 445



A BILL TO BE ENTITLED

AN ACT

relating to the filing of a recusal motion in a proceeding involving 
a temporary guardianship.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 875(f), Texas Probate Code, is amended 
by amending Subdivision (1) and adding Subdivision (7) to read as 
follows:
		(1)  A hearing shall 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.  At a hearing under this 
section, the respondent has the right to:
			(A)  receive prior notice;                                                   
			(B)  have representation by counsel;                                         
			(C)  be present;                                                             
			(D)  present evidence and confront and 
cross-examine witnesses;  and       
			(E)  a closed hearing if requested by the 
respondent or the respondent's attorney.
		(7)  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.  Section 875, Texas Probate Code, is amended by 
amending Subsection (h) and adding Subsection (l) to read as 
follows:
	(h)  Except as provided by Subsection (k) or (l) of this 
section, a temporary guardianship may not remain in effect for more 
than 60 days.
	(l)  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.  The changes in law made by this Act to Section 
875, Texas Probate Code, apply only to an application for the 
appointment of a temporary guardian filed on or after the effective 
date of this Act. An application for the appointment of a temporary 
guardian filed before the effective date of this Act is governed by 
the law in effect on the date on which the application was filed, 
and the former law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2003.