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.