Amend HB 1123 (Senate committee printing) by adding the
following appropriately numbered SECTIONS to the bill and
renumbering the remaining SECTIONS of the bill accordingly:
SECTION ____. Subchapter B, Chapter 25, Government Code, is
amended by adding Sections 25.00211 and 25.00212 to read as
follows:
Sec. 25.00211. STATE CONTRIBUTION. (a) Beginning on the
first day of the state fiscal year, the state shall annually
compensate each county that collects the additional fees under
Section 51.703 in an amount equal to $40,000 for each statutory
probate court judge in the county.
(b) The amount shall be paid to the county's salary fund in
equal monthly installments from funds appropriated from the
judicial fund.
Sec. 25.00212. EXCESS CONTRIBUTIONS. (a) At the end of each
state fiscal year the comptroller shall determine the amounts
deposited in the judicial fund under Section 51.703 and the amounts
paid to the counties under Section 25.00211. If the total amount
paid under Section 51.703 by all counties exceeds the total amount
paid to counties under Section 25.00211, the state shall remit the
excess to the counties proportionately based on the percentage of
the total paid by each county.
(b) The amounts remitted under Subsection (a) shall be paid
to the county's general fund to be used only for court-related
purposes for the support of the judiciary as provided by Section
21.006.
SECTION ____. Subchapter H, Chapter 51, Government Code, is
amended by adding Section 51.703 to read as follows:
Sec. 51.703. ADDITIONAL FEES IN CERTAIN STATUTORY PROBATE
COURTS. (a) Except as provided by Subsection (f), in addition to
all other fees authorized or required by other law, the clerk of a
statutory probate court shall collect a $40 filing fee in each
probate, guardianship, mental health, or civil case filed in the
court to be used for court-related purposes for the support of the
judiciary.
(b) Court fees due under this section shall be collected in
the same manner as other fees, fines, or costs are collected in the
case.
(c) The clerk shall send the fees collected under this
section to the comptroller at least as frequently as monthly. The
comptroller shall deposit the fees in the judicial fund.
(d) Section 51.320 applies to a fee collected under this
section.
(e) This section applies only to fees for a 12-month period
beginning July 1 in a county in which the commissioners court:
(1) adopts a resolution authorizing the fees under
this section; and
(2) files the resolution with the comptroller not
later than June 1 immediately preceding the first 12-month period
during which the fees are to be collected.
(f) A resolution under Subsection (e) continues from year to
year allowing the county to collect fees under the terms of this
section until the resolution is rescinded.
(g) A commissioners court that desires to rescind a
resolution adopted under Subsection (e) must submit to the
comptroller not later than June 1 preceding the beginning of the
first day of the state fiscal year a resolution stating the
commissioners court's desire to rescind the resolution.
(h) A county that is not eligible to participate under
Subsection (e) on July 1 of a year but is eligible to participate
later in the year may submit a resolution meeting the requirements
of Subsection (e) to the comptroller. The comptroller shall
determine the date the county may begin to collect fees under this
section. A county that begins to collect fees under this section
after July 1 is not eligible for a payment by the comptroller under
Section 25.00211 until the 60th day after the date the comptroller
determines the county may begin to collect fees under this section.
(i) A clerk may not collect a fee under this section and
under Section 51.701 or 51.702.
SECTION ____. The change in law made by Section 51.703,
Government Code, as added by this Act, applies only to filing fees
for a case filed on or after the effective date of this Act.
SECTION ____. Section 21.009(2), Government Code, is amended
to read as follows:
(2) "Statutory county court" means a county court
created by the legislature under Article V, Section 1, of the Texas
Constitution, including county courts at law, county criminal
courts, county criminal courts of appeals, and county civil courts
at law, but does not include statutory probate courts as defined by
Section 3, Texas Probate Code<, other than a county court at law
and probate court in Brazoria County>.
SECTION ____. Section 25.0003, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) A statutory county court does not have the jurisdiction
of a statutory probate court granted statutory probate courts by
the Probate Code.
SECTION ____. Section 25.0021, Government Code, is amended to
read as follows:
Sec. 25.0021. JURISDICTION. (a) If a provision of this
subchapter conflicts with a specific provision for a particular
court or county, the specific provision controls except that this
subchapter controls over a specific provision for a particular
court or county if the specific provision attempts to create
jurisdiction in a statutory probate court other than jurisdiction
over probate, guardianship, mental health, or eminent domain
proceedings.
(b) A statutory probate court as that term is defined in
Section 3(ii), Texas Probate Code, has the general jurisdiction of
a probate court as provided by the Texas Probate Code.
SECTION ____. Section 25.0024(a), Government Code, is amended
to read as follows:
(a) A judge of a statutory probate court shall <in a county
with a population of one million or more may> hire with the
approval of the commissioners court through the county budget
process a court coordinator, an administrative assistant, and an
auditor for the court.
SECTION ____. Section 25.1802(a), Government Code, is amended
to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, and except as limited by Subsection (d), a
county court at law in Nueces County has:
(1) the jurisdiction provided by the constitution and
by general law for district courts;
(2) <the general jurisdiction provided by Section
25.0021 for a statutory probate court and the jurisdiction and
authority of a probate court or a statutory probate court under
Sections 4, 5, 5A, and 5B, Texas Probate Code;>
<(3)> concurrent jurisdiction with the district court
in disputes ancillary to probate, eminent domain, condemnation, or
landlord and tenant matters relating to the adjudication and
determination of land titles and trusts, whether testamentary,
inter vivos, constructive, resulting, or any other class or type of
trust, regardless of the amount in controversy or the remedy
sought;
(3) <(4)> concurrent jurisdiction with the district
court over civil forfeitures, including surety bond forfeitures
without minimum or maximum limitation as to the amount in
controversy or remedy sought;
(4) <(5)> jurisdiction in mental health matters,
original or appellate, provided by law for constitutional county
courts, statutory county courts, <statutory probate courts,> or
district courts with mental health jurisdiction, including
proceedings under:
(A) Subtitle C, Title 7, Health and Safety Code;
(B) Chapter 462, Health and Safety Code; and
(C) Subtitle D, Title 7, Health and Safety Code;
(5) <(6)> jurisdiction over the collection and
management of estates of minors, mentally disabled persons, and
deceased persons;
(6) <(7)> concurrent jurisdiction with the district
court in all actions by or against a personal representative, in
all actions involving an inter vivos trust, in all actions
involving a charitable trust, and in all actions involving a
testamentary trust, whether the matter is appertaining to or
incident to an estate;
<(8) the pendent and ancillary jurisdiction necessary
to promote judicial efficiency and economy;> and
(7) <(9)> jurisdiction in all cases assigned,
transferred, or heard under Sections 74.054, 74.059, and 74.094,
Government Code.
SECTION ____. Chapter 25, Government Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. MULTICOUNTY STATUTORY PROBATE COURTS
Sec. 25.2651. APPLICATION OF SUBCHAPTER. (a) This
subchapter applies only to statutory probate courts composed of
more than one county.
(b) Except for Sections 25.0009, 25.0010(b), 25.0011,
25.00264(b), and 25.00265, Subchapters A and B apply to a statutory
probate court composed of more than one county.
Sec. 25.2652. JUDGE. (a) The judge is elected by the
qualified voters of the counties at the election at which other
statutory probate court judges are elected.
(b) The judge must be:
(1) at least 25 years of age;
(2) a resident of one of the counties; and
(3) a licensed attorney in this state who has
practiced law or served as a judge of a court in this state, or
both combined, for the four years preceding election or
appointment.
(c) The judge is entitled to be paid an annual salary set by
a vote of a majority of the total number of the county judges and
commissioners of the commissioners courts of the counties. The
salary shall be apportioned among the counties according to the
ratio a county's population bears to the total population of the
counties composing the court.
Sec. 25.2653. VACANCY. (a) A vacancy in the office of
judge is filled by a joint appointment by the commissioners courts
of the counties composing the court. An appointment must be
approved by a vote of a majority of the total number of the county
judges and commissioners of the commissioners courts of the
counties.
(b) An appointee holds office until the next general
election and until the successor is elected and has qualified.
(c) This section applies to a vacancy existing on creation
of the office of judge.
Sec. 25.2654. PERSONNEL. (a) The county clerk of a
particular county serves as clerk in that county.
(b) The prosecuting attorney representing the state in a
statutory probate court in a particular county serves as prosecutor
in that county.
(c) The sheriff and the other court officials in a county
shall serve in the manner required by law for their offices and are
entitled to the compensation, fees, and allowances prescribed by
law for their offices.
Sec. 25.2655. SEAL. The seal is the same as that provided
by law for a statutory probate court except that the seal must
contain the name of the court as designated by statute.
Sec. 25.2656. GENERAL LAW. Unless this subchapter contains
a conflicting provision, the general law relating to statutory
probate courts applies.
SECTION ____. Section 25.00266, Government Code, and Section
25.0032, Government Code, as added by Chapter 394, Acts of the 72nd
Legislature, Regular Session, 1991, are repealed.