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.