By McCall H.B. No. 763
77R1621 AEI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, jurisdiction, and administration of the
1-3 Probate Court No. 1 of Collin County and to the administration of
1-4 the county courts at law of Collin County.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Effective January 1, 2003, Section 25.0451,
1-7 Government Code, is amended to read as follows:
1-8 Sec. 25.0451. COLLIN COUNTY. (a) Collin County has the
1-9 following statutory county courts:
1-10 (1) County Court at Law No. 1 of Collin County;
1-11 (2) County Court at Law No. 2 of Collin County;
1-12 (3) County Court at Law No. 3 of Collin County;
1-13 (4) County Court at Law No. 4 of Collin County; and
1-14 (5) County Court at Law No. 5 of Collin County.
1-15 (b) Collin County has one statutory probate court, the
1-16 Probate Court No. 1 of Collin County.
1-17 SECTION 2. Section 25.0452, Government Code, is amended to
1-18 read as follows:
1-19 Sec. 25.0452. COLLIN COUNTY COURT AT LAW PROVISIONS. (a)
1-20 [(c)] The salary of a judge of a county court at law shall be paid
1-21 out of the county treasury on orders of the commissioners court.
1-22 (b) [(d)] The judge of a county court at law shall
1-23 diligently discharge the duties of the judge's [his] office on a
1-24 full-time basis and may not engage in the private practice of law.
2-1 [(e) A special judge of a county court at law may be
2-2 appointed or elected in the manner provided by law for the
2-3 appointment or election of a special county judge. A special judge
2-4 must have the same qualifications and is entitled to the same rate
2-5 of compensation as the regular judge.]
2-6 (c) [(f)] Practice in the county courts at law is that
2-7 prescribed by law for county courts.
2-8 (d) [(g)] The laws governing the drawing, selection,
2-9 service, and pay of jurors for county courts apply to the county
2-10 courts at law.
2-11 [(h) A person sitting in the capacity of a judge in County
2-12 Court at Law No. 4 of Collin County may not sit as an assigned
2-13 judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson,
2-14 Lubbock, Midland, Tarrant, or Travis County.]
2-15 SECTION 3. Subchapter C, Chapter 25, Government Code, is
2-16 amended by adding Section 25.0453 to read as follows:
2-17 Sec. 25.0453. COLLIN COUNTY STATUTORY PROBATE COURT
2-18 PROVISIONS. (a) The judge of a statutory probate court in Collin
2-19 County must:
2-20 (1) be at least 25 years of age;
2-21 (2) have resided in the county for at least two years
2-22 preceding the date of election or appointment;
2-23 (3) be licensed to practice law in this state; and
2-24 (4) have practiced law or served as a judge in this
2-25 state, or a combination, for the five years preceding the date of
2-26 election or appointment.
2-27 (b) The salary of a judge of a statutory probate court shall
3-1 be paid out of the county treasury on orders of the commissioners
3-2 court.
3-3 (c) The judge of a statutory probate court shall diligently
3-4 discharge the duties of the judge's office on a full-time basis and
3-5 may not engage in the private practice of law.
3-6 (d) Practice for a statutory probate court is that
3-7 prescribed by law for county courts.
3-8 (e) The laws governing the drawing, selection, service, and
3-9 pay of jurors for county courts apply to a statutory probate court.
3-10 (f) A statutory probate court has the general jurisdiction
3-11 of a probate court as provided by Section 25.0021.
3-12 SECTION 4. (a) The Probate Court No. 1 of Collin County is
3-13 created January 1, 2003.
3-14 (b) The initial vacancy in the office of judge of the
3-15 Probate Court No. 1 of Collin County shall be filled by election.
3-16 The office exists for purposes of the primary and general elections
3-17 in 2002. A vacancy after the initial vacancy is filled as provided
3-18 by Section 25.0009, Government Code.
3-19 SECTION 5. Except as provided by Section 4(b) of this Act,
3-20 for purposes of Section 201.027, Election Code, the effective date
3-21 of the Act creating the office is the effective date of the
3-22 Government Code section establishing the court under this Act.
3-23 SECTION 6. (a) The local administrative statutory county
3-24 court judge shall transfer any probate matter that is pending in a
3-25 statutory county court in Collin County on January 1, 2003, to the
3-26 Probate Court No. 1 of Collin County.
3-27 (b) When a case is transferred as provided by Subsection (a)
4-1 of this section, all processes, writs, bonds, recognizances, or
4-2 other obligations issued from the transferring court are returnable
4-3 to the Probate Court No. 1 of Collin County as if originally issued
4-4 by that court. The obligees on all bonds and recognizances taken
4-5 in and for a court from which a case is transferred, and all
4-6 witnesses summoned to appear in a court from which a case is
4-7 transferred, are required to appear before the Probate Court No. 1
4-8 of Collin County as if originally required to appear before that
4-9 court.
4-10 SECTION 7. The change in law made by this Act to Section
4-11 25.0452(e), Government Code, does not affect the appointment or
4-12 election of a special judge of a county court at law before the
4-13 effective date of this Act. The appointment or election of a
4-14 special judge of a county court at law before the effective date of
4-15 the Act is governed by the law in effect on the date of the
4-16 appointment or election, and the former law is continued in effect
4-17 for that purpose.
4-18 SECTION 8. Except as provided by Section 1 of this Act, this
4-19 Act takes effect September 1, 2001.