HBA-BSM H.B. 900 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 900
By: Thompson
Judicial Affairs
7/19/2001
Enrolled



BACKGROUND AND PURPOSE 

When the current law that governs the administration of statutory probate
courts was enacted in 1983, only eight statutory probate courts existed.
Since then, more statutory probate courts have been added, and
administrative provisions have been added to the law, but not in a
comprehensive fashion.  The previous system allowed the possibility of
misunderstandings between administrative judges and statutory probate
courts over who had the jurisdiction to control the docket system of the
statutory probate court, and did not fully address current management and
administrative needs.   House Bill 900 creates a separate statutory probate
court administrative system similar to the system already in place for
district and statutory county courts, thus giving the court system in Texas
a more cohesive structure.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 900 amends the Government Code to expand the required management
and administrative duties of the presiding judge, of the statutory probate
courts, and authorize the presiding judge to appoint any committees of
statutory probate court judges necessary or desirable for court management
and administration.  The bill sets forth eligibility requirements for a
former or retired judge to serve as a statutory probate court judge, and
amends provisions regarding the assignment of statutory probate court
judges (Sec. 25.0022).  

EFFECTIVE DATE

September 1, 2001.