2011 Legislation

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The 82nd Texas Legislature ended its regular session May 30, 2011. All probate, guardianship and trust bills passed during the session have been signed by the Governor, and most become effective September 1, 2011. One bill in the first called session (SB 1) contains guardianship changes and, as of July 8, 2011, was awaiting the Governor's signature. Each bill affecting probate, guardianship and trust law is listed below. Click here to search for a particular bill, or use the list of topics and key words to the right to find legislation.

Useful links:

Texas Legislature Online.
Glenn Karisch's 2011 Legislative Update.
Bill Pargaman's 2011 Legislative Update -- All of the bills, the full text of all of the changes to the probate and trust codes and helpful forms.
Top Ten Things to Do Now -- Glenn Karisch's list of ten things estate planning and probate attorneys should do to address the legislative changes taking effect September 1, 2011. Here are the pdf and blog versions.

All bills are labeled "Awaiting Governor's Signature," "Enacted," or "Did Not Pass."
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Entries in HB 2372 (1)

Monday

Mar072011

x-Did Not Pass: HB 2372 -- Assignment of judges to hear recusals

Caption: Relating to the recusal or disqualification of a statutory probate court judge and subsequent assignment of another judge.
Author: Hartnett
Bill History
Bill Text

Relevance: In 2007, SB 406 amended Section 25.00255 of the Government Code to make the presiding judge of the administrative judicial district, not the presiding statutory probate judge, responsible for appointing judges to hear recusals of statutory probate judges and to hear the case if a statutory probate judge is recused. HB 2372 would give the presiding statutory probate judge the authority to appoint judges to hear recusals and to replace disqualified judges, but it would prohibit the presiding judge from appointing another statutory probate judge from the same county to hear recusal motions.

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