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