1-1 By: Gray (Senate Sponsor - Patterson) H.B. No. 3541
1-2 (In the Senate - Received from the House April 21, 1997;
1-3 April 23, 1997, read first time and referred to Committee on
1-4 Jurisprudence; May 15, 1997, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 15, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the statutory probate court of Galveston County.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 25.0861(b), Government Code, is amended
1-11 to read as follows:
1-12 (b) Galveston County has one statutory probate court, the
1-13 Probate [and County] Court of Galveston County.
1-14 SECTION 2. Sections 25.0862(b-1), (c), (d), (e), (f), (m),
1-15 and (n), Government Code, are amended to read as follows:
1-16 (b-1) The Probate [and County] Court of Galveston County
1-17 has, concurrent with the statutory county courts, the jurisdiction
1-18 provided by this section and other law for the statutory county
1-19 courts.
1-20 (c) The Probate [and County] Court of Galveston County has
1-21 concurrent jurisdiction with the district court in cases in which a
1-22 party to a cause filed in the district court is a personal
1-23 representative as that term is defined by Section 3(aa), Texas
1-24 Probate Code.
1-25 (d) The Probate [and County] Court of Galveston County is
1-26 primarily responsible for and shall give preference to probate
1-27 cases. The Probate [and County] Court may enforce an order of the
1-28 Family District Court for the 306th Judicial District relating to a
1-29 family law matter.
1-30 (e) The Probate [and County] Court of Galveston County has
1-31 two [four] terms beginning on the first Mondays of January and July
1-32 [March, June, September, and December] of each year. Each term of
1-33 court continues until the next term begins. [The commissioners
1-34 court may change the terms of court. Any change in the terms of
1-35 court may not be made until after the terms have been in effect for
1-36 at least one year.] The County Courts Nos. 1 and 2 of Galveston
1-37 County have six terms of court beginning on the first Mondays of
1-38 January, March, May, July, September, and November of each year.
1-39 (f) The elected judge of the Probate [and County] Court of
1-40 Galveston County must:
1-41 (1) be a citizen of this state and of the United
1-42 States;
1-43 (2) be well informed in the laws of this state;
1-44 (3) be a licensed attorney of this state who has
1-45 practiced law or been a judge of a court in the state for at least
1-46 five [four] years immediately preceding election; and
1-47 (4) have resided in and practiced law in Galveston
1-48 County for at least two years immediately preceding election.
1-49 (m) The sheriff may appoint a deputy to attend the Probate
1-50 [and County] Court of Galveston County when required by the judge.
1-51 The sheriff shall appoint a deputy to attend County Court No. 1 or
1-52 2 of Galveston County when required by the judge.
1-53 (n) The official court reporter of each statutory county
1-54 court and each statutory probate court is entitled to the same
1-55 compensation, paid in the same manner, as the official court
1-56 reporters of the district courts in Galveston County. Each
1-57 reporter is primarily responsible for cases in the reporter's
1-58 court. Each reporter may be made available when not engaged in a
1-59 jury trial to report jury trials in the following manner:
1-60 (1) the reporter of the Probate [and County] Court of
1-61 Galveston County may report jury trials in the county court and, at
1-62 the request of the district attorney, examining trials in the
1-63 justice courts; and
1-64 (2) the reporters of the County Courts Nos. 1 and 2 of
2-1 Galveston County may report cases in the Probate [and County] Court
2-2 of Galveston County.
2-3 SECTION 3. This Act takes effect September 1, 1997.
2-4 SECTION 4. The redesignation of the Probate and County Court
2-5 of Galveston County as the Probate Court of Galveston County does
2-6 not affect the office of judge of that court, and the judge, unless
2-7 otherwise removed, continues to serve for the term to which
2-8 elected.
2-9 SECTION 5. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.
2-14 * * * * *