By Thompson H.B. No. 538
77R752 JMG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to jurisdiction of statutory probate courts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 25.0022, Government Code, is amended by
1-5 amending Subsections (o)-(x) and adding Subsection (y) to read as
1-6 follows:
1-7 (o) A judge who has jurisdiction over a suit pending in one
1-8 county may, unless a party objects, conduct any of the judicial
1-9 proceedings except the trial on the merits in a different county.
1-10 (p) Except as otherwise provided by this section, the
1-11 salary, compensation, and expenses of a judge assigned under this
1-12 section are paid in accordance with state law.
1-13 (q) [(p)] The daily compensation of a former or retired
1-14 judge for purposes of this section is set at an amount equal to the
1-15 daily compensation of a judge of a statutory probate court in the
1-16 county in which the former or retired judge is assigned. A former
1-17 or retired judge assigned to a county that does not have a
1-18 statutory probate court shall be paid an amount equal to the daily
1-19 compensation of a judge of a statutory probate court in the county
1-20 where the assigned judge was last elected.
1-21 (r) [(q)] An assigned judge is entitled to receive
1-22 reasonable and necessary expenses for travel, lodging, and food.
1-23 The assigned judge shall furnish the presiding judge, for
1-24 certification, an accounting of those expenses with a statement of
2-1 the number of days the judge served.
2-2 (s) [(r)] The presiding judge shall certify to the county
2-3 judge in the county in which the assigned judge served:
2-4 (1) the expenses approved under Subsection (r) [(q)];
2-5 and
2-6 (2) a determination of the assigned judge's salary.
2-7 (t) [(s)] The county in which the assigned judge served
2-8 shall pay out of the general fund of the county:
2-9 (1) expenses certified under Subsection (s) [(q)] to
2-10 the assigned judge; and
2-11 (2) the salary certified under Subsection (s) [(q)] to
2-12 the county in which the assigned judge serves, or, if the assigned
2-13 judge is a former or retired judge, to the assigned judge.
2-14 (u) [(t)] In addition to all compensation and expenses
2-15 authorized by this section and other law, a judge who is assigned
2-16 to a court outside the county of the judge's residence is entitled
2-17 to receive $25 for each day or fraction of a day served. The
2-18 county in which the judge served shall pay the additional
2-19 compensation from the county's general fund on certification by the
2-20 presiding judge.
2-21 (v) [(u)] When required to attend an annual or special
2-22 meeting prescribed by this section, a judge is entitled to receive,
2-23 in addition to all other compensation allowed by law, actual and
2-24 necessary travel expenses incurred going to and returning from the
2-25 place of the meeting and actual and necessary expenses while
2-26 attending the meeting. On certification by the presiding judge,
2-27 the judge's county of residence shall pay the expenses from the
3-1 county's general fund.
3-2 (w) [(v)] The presiding judge may perform the acts necessary
3-3 to carry out the provisions of this section and to improve the
3-4 management of the statutory probate courts and the administration
3-5 of justice.
3-6 (x) [(w)] Chapter 74 and Subchapter I, Chapter 75, do not
3-7 apply to the assignment under this section of statutory probate
3-8 court judges.
3-9 (y) [(x)] To be eligible for assignment under this section a
3-10 former or retired judge of a statutory probate court must:
3-11 (1) not have been removed from office; and
3-12 (2) certify under oath to the presiding judge, on a
3-13 form prescribed by the state board of regional judges, that the
3-14 judge did not resign from office after having received notice that
3-15 formal proceedings by the State Commission on Judicial Conduct had
3-16 been instituted as provided in Section 33.022 and before the final
3-17 disposition of the proceedings.
3-18 SECTION 2. This Act takes effect September 1, 2001.