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 * * * * *