1-1     By:  Wentworth                                        S.B. No. 1001
 1-2           (In the Senate - Filed March 8, 1999; March 10, 1999, read
 1-3     first time and referred to Committee on Jurisprudence;
 1-4     March 23, 1999, reported favorably by the following vote:  Yeas 5,
 1-5     Nays 0; March 23, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to multicounty statutory probate courts.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Chapter 25, Government Code, is amended by adding
1-11     Subchapter E to read as follows:
1-12             SUBCHAPTER E.  MULTICOUNTY STATUTORY PROBATE COURTS
1-13           Sec. 25.2651.  APPLICATION OF SUBCHAPTER.  (a)  This
1-14     subchapter applies only to statutory probate courts composed of
1-15     more than one county.
1-16           (b)  Except for Sections 25.0009, 25.0010(b), 25.0011,
1-17     25.00264(b), and 25.00265, Subchapters A and B apply to a statutory
1-18     probate court composed of more than one county.
1-19           Sec. 25.2652.  JUDGE.  (a)  The judge is elected by the
1-20     qualified voters of the counties at the election at which other
1-21     statutory probate court judges are elected.
1-22           (b)  The judge must be:
1-23                 (1)  at least 25 years of age;
1-24                 (2)  a resident of one of the counties; and
1-25                 (3)  a licensed attorney in this state who has
1-26     practiced law or served as a judge of a court in this state, or
1-27     both combined, for the four years preceding election or
1-28     appointment.
1-29           (c)  The judge is entitled to be paid an annual salary set by
1-30     a vote of a majority of the total number of the county judges and
1-31     commissioners of the commissioners courts of the counties.  The
1-32     salary shall be apportioned among the counties according to the
1-33     ratio a county's population bears to the total population of the
1-34     counties composing the court.
1-35           Sec. 25.2653.  VACANCY.  (a)  A vacancy in the office of
1-36     judge is filled by a joint appointment by the commissioners courts
1-37     of the counties composing the court.  An appointment must be
1-38     approved by a vote of a majority of the total number of the county
1-39     judges and commissioners of the commissioners courts of the
1-40     counties.
1-41           (b)  An appointee holds office until the next general
1-42     election and until the successor is elected and has qualified.
1-43           (c)  This section applies to a vacancy existing on creation
1-44     of the office of judge.
1-45           Sec. 25.2654.  PERSONNEL.  (a)  The county clerk of a
1-46     particular county serves as clerk in that county.
1-47           (b)  The prosecuting attorney representing the state in a
1-48     statutory probate court in a particular county serves as prosecutor
1-49     in that county.
1-50           (c)  The sheriff and the other court officials in a county
1-51     shall serve in the manner required by law for their offices and are
1-52     entitled to the compensation, fees, and allowances prescribed by
1-53     law for their offices.
1-54           Sec. 25.2655.  SEAL.  The seal is the same as that provided
1-55     by law for a statutory probate court except that the seal must
1-56     contain the name of the court as designated by statute.
1-57           Sec. 25.2656.  GENERAL LAW.  Unless this subchapter contains
1-58     a conflicting provision, the general law relating to statutory
1-59     probate courts applies.
1-60           SECTION 2.  This Act takes effect September 1, 1999.
1-61                                  * * * * *