By:  Wentworth                                        S.B. No. 1001
                                A BILL TO BE ENTITLED
                                       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.