75R7446 MWV-F                           

         By Hartnett, Naishtat                                 H.B. No. 1152

         Substitute the following for H.B. No. 1152:

         By Hartnett                                       C.S.H.B. No. 1152

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the definition of statutory probate court.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 3(ii), Texas Probate Code, is amended to

 1-5     read as follows:

 1-6                 (ii)  "Statutory probate court" means a [refers to any]

 1-7     statutory court designated as a statutory [presently in existence

 1-8     or created after the passage of this Act, the jurisdiction of which

 1-9     is limited by statute to the general jurisdiction of a] probate

1-10     court under Chapter 25, Government Code.  A county court[, and such

1-11     courts whose statutorily designated name contains the word

1-12     "probate."  County courts] at law exercising probate jurisdiction

1-13     is [are] not a statutory probate court [courts] under this Code

1-14     unless the court is designated a statutory probate court under

1-15     Chapter 25, Government Code. [their statutorily  designated name

1-16     includes the word "probate."]

1-17           SECTION 2.  Section 601(29), Texas Probate Code, is amended

1-18     to read as follows:

1-19                 (29)  "Statutory probate court" means a statutory court

1-20     designated as a statutory [whose jurisdiction is limited by statute

1-21     to the general jurisdiction of a] probate court under Chapter 25,

1-22     Government Code.  A county court [and a court whose statutorily

1-23     designated name contains the word "probate."  County courts] at law

1-24     exercising probate jurisdiction is [are] not a statutory probate

 2-1     court [courts] under this chapter unless the court is designated a

 2-2     statutory probate court under Chapter 25, Government Code.

 2-3     [statutorily designated name of the county  courts at law includes

 2-4     the word "probate."]

 2-5           SECTION 3.  This Act takes effect September 1, 1997.

 2-6           SECTION 4.  The importance of this legislation and the

 2-7     crowded condition of the calendars in both houses create an

 2-8     emergency and an imperative public necessity that the

 2-9     constitutional rule requiring bills to be read on three several

2-10     days in each house be suspended, and this rule is hereby suspended.