AN ACT
1-1 relating to multicounty statutory probate courts.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 25, Government Code, is amended by adding
1-4 Subchapter E to read as follows:
1-5 SUBCHAPTER E. MULTICOUNTY STATUTORY PROBATE COURTS
1-6 Sec. 25.2651. APPLICATION OF SUBCHAPTER. (a) This
1-7 subchapter applies only to statutory probate courts composed of
1-8 more than one county.
1-9 (b) Except for Sections 25.0009, 25.0010(b), 25.0011,
1-10 25.00264(b), and 25.00265, Subchapters A and B apply to a statutory
1-11 probate court composed of more than one county.
1-12 Sec. 25.2652. JUDGE. (a) The judge is elected by the
1-13 qualified voters of the counties at the election at which other
1-14 statutory probate court judges are elected.
1-15 (b) The judge must be:
1-16 (1) at least 25 years of age;
1-17 (2) a resident of one of the counties; and
1-18 (3) a licensed attorney in this state who has
1-19 practiced law or served as a judge of a court in this state, or
1-20 both combined, for the four years preceding election or
1-21 appointment.
1-22 (c) The judge is entitled to be paid an annual salary set by
1-23 a vote of a majority of the total number of the county judges and
1-24 commissioners of the commissioners courts of the counties. The
2-1 salary shall be apportioned among the counties according to the
2-2 ratio a county's population bears to the total population of the
2-3 counties composing the court.
2-4 Sec. 25.2653. VACANCY. (a) A vacancy in the office of
2-5 judge is filled by a joint appointment by the commissioners courts
2-6 of the counties composing the court. An appointment must be
2-7 approved by a vote of a majority of the total number of the county
2-8 judges and commissioners of the commissioners courts of the
2-9 counties.
2-10 (b) An appointee holds office until the next general
2-11 election and until the successor is elected and has qualified.
2-12 (c) This section applies to a vacancy existing on creation
2-13 of the office of judge.
2-14 Sec. 25.2654. PERSONNEL. (a) The county clerk of a
2-15 particular county serves as clerk in that county.
2-16 (b) The prosecuting attorney representing the state in a
2-17 statutory probate court in a particular county serves as prosecutor
2-18 in that county.
2-19 (c) The sheriff and the other court officials in a county
2-20 shall serve in the manner required by law for their offices and are
2-21 entitled to the compensation, fees, and allowances prescribed by
2-22 law for their offices.
2-23 Sec. 25.2655. SEAL. The seal is the same as that provided
2-24 by law for a statutory probate court except that the seal must
2-25 contain the name of the court as designated by statute.
2-26 Sec. 25.2656. GENERAL LAW. Unless this subchapter contains
3-1 a conflicting provision, the general law relating to statutory
3-2 probate courts applies.
3-3 SECTION 2. This Act takes effect September 1, 1999.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1001 passed the Senate on
April 15, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1001 passed the House on
May 26, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor