SRC-AAA H.B. 3541 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3541
By: Gray (Patterson)
Jurisprudence
5-8-97
Engrossed


DIGEST 

Most statutory probate courts in Texas do not have the term "County Court"
as part of their name in their enabling statutes.  Omitting "and   County"
from Probate and County Court of Galveston County will conform the court's
name with the other statutory probate courts and make clear that the
Galveston Court has the jurisdiction and responsibilities of all statutory
probate courts.  In addition, it has become more common for statutory
probate courts to have continuous terms, and most other statutory probate
courts' enabling statutes provide that their terms continue until the next
term begins. Under existing law, the Galveston County Probate Court has
four terms each year; most other statutory probate courts have two terms
each year.  Finally, most of the Texas statutory probate courts require
their judges to have at least five years experience as an attorney or
judge before holding office; Galveston County Probate Court's enabling
statute currently provides that the elected judge must be a licensed
attorney practicing for only four years preceding the election.   H.B.
3541 renames Galveston County's only statutory probate court, changes the
term length of the court, and changes the requirements for eligibility to
be elected judge of that court.   
 
PURPOSE

As proposed, H.B. 3541 renames Galveston County's only statutory probate
court, changes the term length of the court, and changes the requirements
for eligibility to be elected judge of that 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 25.0861(b), Government Code, to provide that
Galveston County has one statutory probate court, the Probate Court of
Galveston County, rather than the Probate and County Court of Galveston
County. 

SECTION 2. Amends Sections 25.0862(b-1), (c)-(f), (m), and (n), Government
Code, to provide that the Probate Court of Galveston County has two,
rather than four, terms beginning on the first Mondays of January and
July, rather than March, June, September, and December of each year.
Provides that each term  of court continues until the next term begins.
Deletes text regarding changes in terms of the court. Makes conforming
changes. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Provides that the redesignation of the Probate and County Court
of Galveston County as the Probate Court of Galveston County does not
affect the office of judge of that court, and the judge, unless removed,
continues to serve for the term to which elected. 

SECTION 5. Emergency clause.