78(R) HB 445 - Introduced version


                                                                                

78R284 MTB-F

By:  Talton                                                       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 or court-ordered services and treatment.
	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.  Section 462.063, Health and Safety Code, is 
amended by adding Subsection (a-1) to read as follows:
	(a-1)  The filing of a motion for the recusal of the judge 
presiding over the case tolls the 14-day and 30-day periods 
prescribed by Subsection (a) until the date on which the recusal 
motion is rendered.
	SECTION 4.  Section 574.005, Health and Safety Code, is 
amended by adding Subsection (d) to read as follows:
	(d)  The filing of a motion for the recusal of the judge or 
magistrate tolls the 14-day period prescribed by Subsection (a) and 
the 30-day period prescribed by Subsection (c) until the date on 
which the order on the recusal motion is rendered.
	SECTION 5.  Section 574.062, Health and Safety Code, is 
amended by amending Subsection (d) and adding Subsection (f) to 
read as follows:
	(d)  The court shall set a date for a hearing on the motion to 
be held not later than the seventh day after the date the motion is 
filed.  The court may grant one or more continuances of the hearing 
on the motion by a party and for good cause shown or on agreement of 
the parties.  Except as provided by Subsection (e) or (f), the court 
shall hold the hearing not later than the 14th day after the date 
the motion is filed.
	(f)  The filing of a motion for the recusal of the judge 
presiding over the case tolls the 7-day and 14-day periods 
prescribed by Subsection (d) until the date on which the order on 
the recusal motion is rendered.
	SECTION 6.  Section 574.104, Health and Safety Code, is 
amended by adding Subsection (f) to read as follows:
	(f)  The filing of a motion for the recusal of the judge 
presiding over the case tolls the 30–day period prescribed by 
Subsection (d) until the date on which the order on the recusal 
motion is rendered.
	SECTION 7.  (a) 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.
	(b)  Sections 462.063(a-1) and 574.005(d), Health and Safety 
Code, as added by this Act, apply only to an application for 
court-ordered treatment or an application for court-ordered mental 
health services, respectively, filed on or after the effective date 
of this Act. An application for court-ordered treatment or for 
court-ordered mental health services filed before the effective 
date of this Act is governed by the law in effect on the date on 
which the respective application was filed, and the former law is 
continued in effect for that purpose.
	(c)  The changes in law made by this Act to Section 574.062, 
Health and Safety Code, apply only to a motion for modification of 
an order that is filed on or after the effective date of this Act. A 
motion for modification of an order that is filed before the 
effective date of this Act is governed by the law in effect on the 
date on which the motion was filed, and the former law is continued 
in effect for that purpose.
	(d)  Section 574.104(f), Health and Safety Code, as added by 
this Act, applies only to an application to authorize the 
administration of certain medication that is filed on or after the 
effective date of this Act.  An application to authorize the 
administration of certain medication that is 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 8.  This Act takes effect September 1, 2003.