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.