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.

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