By Hartnett H.B. No. 1152
75R861 MWV-D
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 whose [presently in existence or created after the
1-8 passage of this Act, the] jurisdiction [of which] is limited by
1-9 statute to the general jurisdiction of a probate court[,] and a
1-10 court [such courts] whose statutorily designated name contains the
1-11 word "probate." A county court [County courts] at law exercising
1-12 probate jurisdiction is [are] not a statutory probate court
1-13 [courts] under this Code unless the court is designated a statutory
1-14 probate court under Chapter 25, Government Code. [their statutorily
1-15 designated name includes the word "probate."]
1-16 SECTION 2. Section 601(29), Texas Probate Code, is amended
1-17 to read as follows:
1-18 (29) "Statutory probate court" means a statutory court
1-19 whose jurisdiction is limited by statute to the general
1-20 jurisdiction of a probate court and a court whose statutorily
1-21 designated name contains the word "probate." A county court
1-22 [County courts] at law exercising probate jurisdiction is [are] not
1-23 a statutory probate court [courts] under this chapter unless the
1-24 court is designated a statutory probate court under Chapter 25,
2-1 Government Code. [statutorily designated name of the county courts
2-2 at law includes the word "probate."]
2-3 SECTION 3. This Act takes effect September 1, 1997.
2-4 SECTION 4. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.