SRC-JEC, MKV S.B. 194 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 194
77R1621 AEI-DBy: Shapiro
Intergovernmental Relations
1/25/2001
As Filed


DIGEST AND PURPOSE 

Currently, Collin County's population exceeds the ideal court-to-population
ratio for a county court at law.  S.B. 194 creates a new County Court at
Law for Collin County, which will be designated as a statutory probate
court. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 25.0451, Government Code, to take effect January
1, 2003, to provide that Collin County has one statutory probate court, the
Probate Court No. 1 of Collin County (Probate Court No. 1). 

SECTION 2.  Amends Section 25.0452, Government Code, to delete language
relating to the manner of appointment or election of a special judge of a
county court at law and the qualifications and rate of compensation allowed
for a special judge.  Deletes language regarding restrictions on a person
assigned as a judge to County Court at Law No. 4 of Collin County;
prohibiting the person's assignment as a judge to other certain counties. 

SECTION 3.  Amends Chapter 25C, Government Code, by adding Section
253.0453, as follows: 

Sec. 25.0453.  COLLIN COUNTY STATUTORY PROBATE COURT PROVISIONS. (a)
Requires the judge of a statutory probate court in Collin County to be at
least 25 years of age, have resided in the county for at least two years
preceding the date of election or appointment, be licensed to practice law
in this state, and have practiced law or served as a judge in this state,
or combination, for the five years preceding the date of election or
appointment. 

(b) Requires the salary of a judge of a statutory probate court to be paid
out of the county treasury on orders of the commissioners court. 

(c) Requires the judge of a statutory probate court to diligently discharge
the duties of the judge's office on a full-time basis and prohibits the
judge to engage in the private practice of law. 

(d) Provides that practice for a statutory probate court is that prescribed
by law for county courts. 
 
(e) Provides that the laws governing the drawing, selection, service, and
pay of jurors for county courts apply to a statutory probate court. 

 (f) Provides that a statutory probate court has the general jurisdiction
of a probate court as provided by Section 25.0021. 

SECTION 4.  Creates the Probate Court No. 1 January 1, 2003.  Requires the
initial vacancy in the office of judge of the Probate Court No. 1 of Collin
County to be filled by election.  Provides that the office exists for
purposes of the primary and general elections in 2002, and  that a vacancy
after the initial vacancy is filled as provided by Section 25.0009,
Government Code. 

SECTION 5.  Provides that, except as provided by SECTION 4(b) of this Act,
for purposes of Section 201.027 (New Office), Election Code, the effective
date of the Act creating the office is the effective date of the Government
Code section establishing the court under this Act. 

SECTION 6.  Requires the local administrative statutory county court judge
to transfer any probate matter that is pending in a statutory county court
in Collin County on January 1, 2003, to the Probate Court No. 1.  Provides
that when a case is transferred as provided by this section, all processes,
writs, bonds, recognizances, or other obligations issued from the
transferring court are returnable to the Probate Court No. 1 as if
originally issued by that court.  Provides that the obligees on all bonds
and recognizances taken in and for a court from which a case is
transferred, and all witnesses summoned to appear in a court from which a
case is transferred, are required to appear before the Probate Court No. 1
as if originally required to appear before that court.   

SECTION 7.  Makes application of this Act prospective.

SECTION 8.  Effective date: September 1, 2001, except as provided by
SECTION 1 of this Act.