1-1     By:  Hartnett, Naishtat (Senate Sponsor - Wentworth)  H.B. No. 1152

 1-2           (In the Senate - Received from the House April 4, 1997;

 1-3     April 8, 1997, read first time and referred to Committee on

 1-4     Jurisprudence; April 23, 1997, reported favorably by the following

 1-5     vote:  Yeas 7, Nays 0; April 23, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the definition of statutory probate court.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Section 3(ii), Texas Probate Code, is amended to

1-11     read as follows:

1-12                 (ii)  "Statutory probate court" means a [refers to any]

1-13     statutory court designated as a statutory [presently in existence

1-14     or created after the passage of this Act, the jurisdiction of which

1-15     is limited by statute to the general jurisdiction of a] probate

1-16     court under Chapter 25, Government Code.  A county court[, and such

1-17     courts whose statutorily designated name contains the word

1-18     "probate."  County courts] at law exercising probate jurisdiction

1-19     is [are] not a statutory probate court [courts] under this Code

1-20     unless the court is designated a statutory probate court under

1-21     Chapter 25, Government Code. [their statutorily  designated name

1-22     includes the word "probate."]

1-23           SECTION 2.  Section 601(29), Texas Probate Code, is amended

1-24     to read as follows:

1-25                 (29)  "Statutory probate court" means a statutory court

1-26     designated as a statutory [whose jurisdiction is limited by statute

1-27     to the general jurisdiction of a] probate court under Chapter 25,

1-28     Government Code.  A county court [and a court whose statutorily

1-29     designated name contains the word "probate."  County courts] at law

1-30     exercising probate jurisdiction is [are] not a statutory probate

1-31     court [courts] under this chapter unless the court is designated a

1-32     statutory probate court under Chapter 25, Government Code.

1-33     [statutorily designated name of the county  courts at law includes

1-34     the word "probate."]

1-35           SECTION 3.  This Act takes effect September 1, 1997.

1-36           SECTION 4.  The importance of this legislation and the

1-37     crowded condition of the calendars in both houses create an

1-38     emergency and an imperative public necessity that the

1-39     constitutional rule requiring bills to be read on three several

1-40     days in each house be suspended, and this rule is hereby suspended.

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