By Gray                                               H.B. No. 3541

         75R3344 MWV-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the statutory probate court of Galveston County.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 25.0861(b), Government Code, is amended

 1-5     to read as follows:

 1-6           (b)  Galveston County has one statutory probate court, the

 1-7     Probate [and County] Court of Galveston County.

 1-8           SECTION 2.  Sections 25.0862(b-1), (c), (d), (e), (f), (m),

 1-9     and (n), Government Code, are amended to read as follows:

1-10           (b-1)  The Probate [and County] Court of Galveston County

1-11     has, concurrent with the statutory county courts, the jurisdiction

1-12     provided by this section and other law for the statutory county

1-13     courts.

1-14           (c)  The Probate [and County] Court of Galveston County has

1-15     concurrent jurisdiction with the district court in cases in which a

1-16     party to a cause filed in the district court is a personal

1-17     representative as that term is defined by Section 3(aa), Texas

1-18     Probate Code.

1-19           (d)  The Probate [and County] Court of Galveston County is

1-20     primarily responsible for and shall give preference to probate

1-21     cases.  The Probate [and County] Court may enforce an order of the

1-22     Family District Court for the 306th Judicial District relating to a

1-23     family law matter.

1-24           (e)  The Probate [and County] Court of Galveston County has

 2-1     two [four] terms beginning on the first Mondays of January and July

 2-2     [March, June, September, and December] of each year.  Each term of

 2-3     court continues until the next term begins.  [The commissioners

 2-4     court may change the terms of court.  Any change in the terms of

 2-5     court may not be made until after the terms have been in effect for

 2-6     at least one year.]  The County Courts Nos. 1 and 2 of Galveston

 2-7     County have six terms of court beginning on the first Mondays of

 2-8     January, March, May, July, September, and November of each year.

 2-9           (f)  The elected judge of the Probate [and County] Court of

2-10     Galveston County must:

2-11                 (1)  be a citizen of this state and of the United

2-12     States;

2-13                 (2)  be well informed in the laws of this state;

2-14                 (3)  be a licensed attorney of this state who has

2-15     practiced law or been a judge of a court in the state for at least

2-16     five [four] years immediately preceding election; and

2-17                 (4)  have resided in and practiced law in Galveston

2-18     County for at least two years immediately preceding election.

2-19           (m)  The sheriff may appoint a deputy to attend the Probate

2-20     [and County] Court of Galveston County when required by the judge.

2-21     The sheriff shall appoint a deputy to attend County Court No. 1 or

2-22     2 of Galveston County when required by the judge.

2-23           (n)  The official court reporter of each statutory county

2-24     court and each statutory probate court is entitled to the same

2-25     compensation, paid in the same manner, as the official court

2-26     reporters of the district courts in Galveston County.  Each

2-27     reporter is primarily responsible for cases in the reporter's

 3-1     court.  Each reporter may be made available when not engaged in a

 3-2     jury trial to report jury trials in the following manner:

 3-3                 (1)  the reporter of the Probate [and County] Court of

 3-4     Galveston County may report jury trials in the county court and, at

 3-5     the request of the district attorney, examining trials in the

 3-6     justice courts; and

 3-7                 (2)  the reporters of the County Courts Nos. 1 and 2 of

 3-8     Galveston County may report cases in the Probate [and County] Court

 3-9     of Galveston County.

3-10           SECTION 3.  This Act takes effect September 1, 1997.

3-11           SECTION 4.  The redesignation of the Probate and County Court

3-12     of Galveston County as the Probate Court of Galveston County does

3-13     not affect the office of judge of that court, and the judge, unless

3-14     otherwise removed, continues to serve for the term to which

3-15     elected.

3-16           SECTION 5.  The importance of this legislation and the

3-17     crowded condition of the calendars in both houses create an

3-18     emergency and an imperative public necessity that the

3-19     constitutional rule requiring bills to be read on three several

3-20     days in each house be suspended, and this rule is hereby suspended.