BILL ANALYSIS

H.B. 763

By: Hartnett

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Prior to the enactment of S.B. 406, 80th Legislature, Regular Session, 2007, if a judge of a statutory probate court recused himself or herself or was recused after a recusal hearing, the presiding judge of the statutory probate courts appointed both the judge to hear the recusal and the successor judge.  Since the enactment of S.B. 406, the regional presiding judge of the district and statutory county courts has appointed the judge to hear the recusal.  However, S.B. 406 was silent as to who should appoint the successor judge if a recusal is granted or if a statutory probate judge recuses himself or herself or is otherwise disqualified. 

H.B. 763 does not change S.B. 406 as it is currently written, but rather clarifies that the presiding judge of the statutory probate courts assigns a judge to hear the case when the judge of the court recuses himself or herself, or when a motion for the recusal or disqualification of the judge is granted. 

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

H.B. 763 amends the Government Code to add to the list of required duties of the presiding judge of the statutory probate courts the assignment of a judge or former or retired judge of a statutory probate court to hear a case in a statutory probate court, county court, or any statutory court exercising probate jurisdiction when the judge of the court recuses himself or herself, or when a motion for the recusal or disqualification of the judge is granted. The bill requires a judge who recuses himself or herself to enter an order of recusal and request that the presiding judge of the statutory probate courts assign a judge to hear the case. The bill removes language that required the recusing judge to request that the presiding judge request the assignment of a judge to hear the motion for recusal or disqualification. The bill requires a judge who hears and subsequently grants a motion for recusal or disqualification to inform the presiding judge of the statutory probate courts of that fact, and requires the presiding judge to assign a judge to hear the case. The bill entitles a judge assigned to hear a motion for recusal or disqualification to receive the same salary, compensation, and expenses, and to be paid in the same manner and from the same fund, as any judge assigned to hold court in a statutory probate court, county court, or any statutory court exercising probate jurisdiction, except that a judge assigned to hear a motion for recusal or disqualification is required to provide information accounting for expenses for travel, lodging, and food, with a statement of the number of days the judge served, to the presiding judge of the administrative judicial district. The bill requires that presiding judge immediately forward the information to the presiding judge of the statutory probate courts.

EFFECTIVE DATE

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.