By Wentworth                                          S.B. No. 1001
         76R4674 DB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to multicounty statutory probate courts.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Chapter 25, Government Code, is amended by adding
 1-5     Subchapter E to read as follows:
 1-6            SUBCHAPTER E.  MULTICOUNTY STATUTORY PROBATE COURTS 
 1-7           Sec. 25.2651.  APPLICATION OF SUBCHAPTER.  (a)  This
 1-8     subchapter applies only to statutory probate courts composed of
 1-9     more than one county.
1-10           (b)  Except for Sections 25.0009, 25.0010(b), 25.0011,
1-11     25.00264(b), and 25.00265, Subchapters A and B apply to a statutory
1-12     probate court composed of more than one county.
1-13           Sec. 25.2652.  JUDGE.  (a)  The judge is elected by the
1-14     qualified voters of the counties at the election at which other
1-15     statutory probate court judges are elected.
1-16           (b)  The judge must be:
1-17                 (1)  at least 25 years of age;
1-18                 (2)  a resident of one of the counties; and
1-19                 (3)  a licensed attorney in this state who has
1-20     practiced law or served as a judge of a court in this state, or
1-21     both combined, for the four years preceding election or
1-22     appointment.
1-23           (c)  The judge is entitled to be paid an annual salary set by
1-24     a vote of a majority of the total number of the county judges and
 2-1     commissioners of the commissioners courts of the counties.  The
 2-2     salary shall be apportioned among the counties according to the
 2-3     ratio a county's population bears to the total population of the
 2-4     counties composing the court.
 2-5           Sec. 25.2653.  VACANCY.  (a)  A vacancy in the office of
 2-6     judge is filled by a joint appointment by the commissioners courts
 2-7     of the counties composing the court.  An appointment must be
 2-8     approved by a vote of a majority of the total number of the county
 2-9     judges and commissioners of the commissioners courts of the
2-10     counties.
2-11           (b)  An appointee holds office until the next general
2-12     election and until the successor is elected and has qualified.
2-13           (c)  This section applies to a vacancy existing on creation
2-14     of the office of judge.
2-15           Sec. 25.2654.  PERSONNEL.  (a)  The county clerk of a
2-16     particular county serves as clerk in that county.
2-17           (b)  The prosecuting attorney representing the state in a
2-18     statutory probate court in a particular county serves as prosecutor
2-19     in that county.
2-20           (c)  The sheriff and the other court officials in a county
2-21     shall serve in the manner required by law for their offices and are
2-22     entitled to the compensation, fees, and allowances prescribed by
2-23     law for their offices.
2-24           Sec. 25.2655.  SEAL.  The seal is the same as that provided
2-25     by law for a statutory probate court except that the seal must
2-26     contain the name of the court as designated by statute.
2-27           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.