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.