PMWJ C.S.H.B. 1152 75(R)BILL ANALYSIS JUDICIAL AFFAIRS C.S.H.B. 1152 By: Hartnett 3-5-97 Committee Report (Substituted) BACKGROUND The Texas Probate Code defines "statutory probate court" in '' 3(ii) and 601(29). These definitions were placed into law over thirty years ago and have not been revised despite significant legislative changes affecting Texas courts over the same period. Confusions exists concerning the probate jurisdiction of county courts at law as compared to the definition of statutory probate courts. PURPOSE C.S.H.B. 1152 clarifies the definition of "statutory probate court." 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. SECTION BY SECTION ANALYSIS SECTION 1 clarifies, conforms and modernizes the definition of "statutory probate court" contained in Section 3(ii) of the Texas Probate Code. SECTION 2 clarifies, conforms and modernizes the definition of "statutory probate court" contained in Section 601(29) of the Texas Probate Code. SECTION 3. Effective date. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE Section 1 of the substitute makes minor, nonsubstantial changes from the original. Section 1 of the substitute strikes "jurisdiction...is limited by statute to the general jurisdiction of a" and "and...whose statutorily designated names contain the word 'probate'"; this was not struck in the original. Section 1 added "under Chapter 25, Government Code" to line 10 in the substitute to conform to the rest of this section; this was not done in the original. Section 2 of the substitute adds "designated as a statutory [probate court] under Chapter 25, Government Code and strikes "whose jurisdiction is limited by statute to the general jurisdiction of a [probate court] and a court whose statutorily designated name contains the word 'probate'"; this was not done in the original.