SRC-JJJ S.B. 1001 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1001
By: Wentworth
Jurisprudence
6/23/1999
Enrolled


DIGEST 

Currently, Texas law allows for the creation of multicounty statutory
courts.  The size of the probate caseload in a county and the willingness
of a county commissioners court to fund required staffing are pivotal in
the decision to create a statutory probate court, which will allow multiple
counties to share the costs and benefits of a statutory probate court.
S.B. 1001 will establish provisions regarding multicounty statutory probate
courts. 
 
PURPOSE

As enrolled, S.B. 1001 establishes provisions regarding multicounty
statutory probate courts. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 25, Government Code, by adding Subsection E, as
follows: 

SUBCHAPTER E. MULTICOUNTY STATUTORY PROBATE COURTS

Sec. 25.2651.  APPLICATION OF SUBCHAPTER.  Establishes that this subchapter
applies only to statutory probate courts composed of more than one county.
Establishes that Subchapters A and B apply to a statutory probate court
composed of more than one county, with certain exceptions.   

Sec. 25.2652.  JUDGE.  Provides that a judge is elected by the qualified
voters of the counties at the election at which other statutory probate
court judges are elected.  Sets forth requirements for the judges.
Entitles a judge 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.  Requires the salaries to be
apportioned among the counties according to the ratio between a county's
population bears to the total population of the counties composing the
court.   

Sec.  25.2653.  VACANCY.  Provides that a vacancy is filled by a joint
appointment by the commissioners courts, and approved by a vote of a
majority of the county judges and commissioners.  Provides that an
appointee holds office until the next general election, and until a
successor is elected and has qualified.  Provides that this section applies
to a vacancy existing on creation of the office of judge.   
 
Sec. 25.2654.  PERSONNEL.  Establishes that the county clerk of a
particular county serves as clerk in that county.  Provides that the
prosecuting attorney representing the state in a statutory probate court in
a particular county serves as prosecutor in that county.  Requires the
sheriff and other court officials in a county to serve in the manner
required by law for their offices and are entitled to certain compensation.

Sec. 25.2655.  SEAL.  Provides that the seal is the same as provided by law
for a statutory probate court, except it must contain the name of the court
as designated by statute. 
 
Sec. 25.2656.  GENERAL LAW.  Provides that the general law relating to
statutory probate courts applies, unless this subchapter contains a
conflicting provision. 

SECTION 2.  Effective date: September 1, 1999.