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.