SRC-HRD H.B. 1152 75(R)BILL ANALYSIS


Senate Research CenterH.B. 1152
By: Hartnett (Wentworth)
Jurisprudence
4-11-97
Engrossed


DIGEST 

The current definitions of "statutory probate court"  were placed into law
over 30 years ago and have not been revised despite significant
legislative changes affecting Texas courts over the same period. Confusion
exists concerning the probate jurisdiction of county courts at law as
compared to the definition of statutory probate courts.  This bill would
redefine the term "statutory probate court."  
                                            
PURPOSE

As proposed, H.B. 1152 clarifies the definition of "statutory probate
court."    

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 3(ii), Probate Code, to redefine "statutory
probate court" to mean a statutory court designated as a statutory probate
court under Chapter 25, Government Code. Provides that a county court at
law exercising probate jurisdiction is not a statutory court under this
Code unless the court is designated a statutory probate court under
Chapter 25, Government Code. Makes conforming changes. 

SECTION 2. Amends Section 601(29), Probate Code, to make conforming
changes. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.