PMWJ H.B. 3541 75(R)BILL ANALYSIS JUDICIAL AFFAIRS H.B. 3541 By: Gray 4-9-97 Committee Report (Unamended) BACKGROUND 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. PURPOSE The purpose of this bill is to rename Galveston County's only statutory probate court, change the term length of the court, and change the requirements for eligibility to be elected judge of that 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 amends Section 25.0861(b) of the Government Code by renaming the Probate and County Court of Galveston County as the Probate Court of Galveston County. SECTION 2 amends Sections 25.0862 (b-1), (c), (d), (e), (f), (m), and (n) of the Government Code to reflect the change of the court name as set forth above. Subsec. (e) is amended change the terms of the court from the first Mondays of March, June, September and December to the first Mondays of January and July, provides that the terms of the court continue until the next term begins, and deletes language authorizing the commissioners court to change the terms of the court. Subsec. (f) is amended to require the judge of the court to have been a licensed attorney in this state for five years instead of four. SECTION 3. Effective date. SECTION 4. Application of act. SECTION 5. Emergency clause.