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.
1-41 * * * * *