1-1                                   AN ACT
 1-2     relating to the administration of statutory probate courts and to
 1-3     the assignment of statutory probate court judges.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 25.0022, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 25.0022.  ADMINISTRATION [ASSIGNMENT OF JUDGES] OF
 1-8     STATUTORY PROBATE COURTS. (a)  "Statutory probate court" has the
 1-9     meaning assigned by Section 3, Texas Probate Code.
1-10           (b)  The judges of the statutory probate courts shall elect
1-11     from their number a presiding judge of the statutory probate
1-12     courts.  The presiding judge serves a four-year term from the date
1-13     of qualification as the presiding judge.
1-14           (c)  The presiding judge may perform the acts necessary to
1-15     carry out this section and to improve the management of the
1-16     statutory probate courts and the administration of justice.
1-17           (d)  The presiding judge shall:
1-18                 (1)  ensure the promulgation of local rules of
1-19     administration in accordance with policies and guidelines set by
1-20     the supreme court;
1-21                 (2)  advise local statutory probate court judges on
1-22     case flow management practices and auxiliary court services;
1-23                 (3)  perform a duty of a local administrative statutory
1-24     probate court judge if the local administrative judge does not
 2-1     perform that duty;
 2-2                 (4)  appoint an assistant presiding judge of the
 2-3     statutory probate courts;
 2-4                 (5)  call and preside over annual meetings of the
 2-5     judges of the statutory probate courts at a time and place in the
 2-6     state as designated by the presiding judge;
 2-7                 (6)  call and convene other meetings of the judges of
 2-8     the statutory probate courts as considered necessary by the
 2-9     presiding judge to promote the orderly and efficient administration
2-10     of justice in the statutory probate courts;
2-11                 (7)  study available statistics reflecting the
2-12     condition of the dockets of the probate courts in the state to
2-13     determine the need for the assignment of judges under this section;
2-14     and
2-15                 (8)  compare local rules of court to achieve uniformity
2-16     of rules to the extent practical and consistent with local
2-17     conditions.
2-18           (e) [(c)]  In addition to all other compensation, expenses,
2-19     and perquisites authorized by law, the presiding judge shall be
2-20     paid for performing the duties of a presiding judge an annual
2-21     salary equal to the maximum salary authorized by Section 74.051(b)
2-22     for a presiding judge of an administrative judicial region.  The
2-23     presiding judge is entitled to receive reasonable expenses incurred
2-24     in administering those duties.
2-25           [(d)]  The salary and expenses are paid by the counties that
2-26     have statutory probate courts, apportioned according to the number
2-27     of statutory probate courts in the county.
 3-1           (f) [(e)]  Each county pays annually to the presiding judge,
 3-2     from fees collected pursuant to Section 118.052(2)(A)(vi), Local
 3-3     Government Code [Section 1A, Article 3930(b), Revised Statutes],
 3-4     the amount of the salary apportioned to it as provided by this
 3-5     section and the other expenses authorized by this section.
 3-6           [(f)]  The presiding judge shall place each county's payment
 3-7     of salary and other expenses in an administrative fund, from which
 3-8     the salary and other expenses are paid.  The salary shall be paid
 3-9     in equal monthly installments.
3-10           (g)  [The presiding judge serves for a four-year term from
3-11     the date of qualification as the presiding judge.]
3-12           [(h)  The presiding judge shall appoint an assistant
3-13     presiding judge of the statutory probate courts.]  The assistant
3-14     presiding judge may assign probate judges as provided by this
3-15     section and perform the office of presiding judge:
3-16                 (1)  on the death or resignation of the presiding judge
3-17     and until a successor presiding judge is elected; or
3-18                 (2)  when the presiding judge is unable to perform the
3-19     duties of the office because of absence, disqualification,
3-20     disabling illness, or other incapacity.
3-21           (h)  A judge or a former or retired judge of a statutory
3-22     probate court [(i) Judges] may be assigned [in the manner provided
3-23     by this section] to hold court in a statutory probate court, county
3-24     court, or any statutory court exercising probate jurisdiction when:
3-25                 (1)  a statutory probate [the regular] judge requests
3-26     assignment of another judge to the judge's court;
3-27                 (2)  a statutory probate [the regular] judge is absent,
 4-1     disabled, or disqualified for any reason;
 4-2                 (3)  a statutory probate [the regular] judge is present
 4-3     or is trying cases as authorized by the constitution and laws of
 4-4     this state and the condition of the court's docket makes it
 4-5     necessary to appoint an additional judge;
 4-6                 (4)  the office of a statutory probate [the regular]
 4-7     judge is vacant;
 4-8                 (5)  the presiding judge of an administrative judicial
 4-9     district requests the assignment of a statutory probate judge to
4-10     hear a probate matter in a county court or statutory county court;
4-11     [or]
4-12                 (6)  a motion to recuse the [regular] judge of a
4-13     statutory probate court has been filed;
4-14                 (7)  a county court judge requests the assignment of a
4-15     statutory probate judge to hear a probate matter in the county
4-16     court; or
4-17                 (8)  a local administrative statutory probate court
4-18     judge requests the assignment of a statutory probate judge to hear
4-19     a matter in a statutory probate court.
4-20           (i)  A judge assigned under this section has the
4-21     jurisdiction, powers, and duties given by Sections 5, 5A, 5B, 606,
4-22     607, and 608, Texas Probate Code, to statutory probate court judges
4-23     by general law.
4-24           (j)  To be eligible for assignment under this section a
4-25     former or retired judge of a statutory probate court must:
4-26                 (1)  not have been removed from office; and
4-27                 (2)  certify under oath to the presiding judge, on a
 5-1     form prescribed by the state board of regional judges, that the
 5-2     judge did not resign from office after having received notice that
 5-3     formal proceedings by the State Commission on Judicial Conduct had
 5-4     been instituted as provided by Section 33.022 and before the final
 5-5     disposition of the proceedings [A judge or former or retired judge
 5-6     of a statutory probate court may be assigned by the presiding judge
 5-7     as provided by this section].
 5-8           (k)  [The presiding judge shall call and preside over an
 5-9     annual meeting of the judges of the statutory probate courts on a
5-10     date and at a time and place in the state designated by the
5-11     presiding judge.]
5-12           [(l)  The presiding judge may call and convene additional
5-13     meetings of the judges of the statutory probate courts that the
5-14     presiding judge considers necessary for the promotion of the
5-15     orderly and efficient administration of justice.]
5-16           [(m)  At the annual meeting, the judges shall:]
5-17                 [(1)  study the statistics reflecting the condition of
5-18     the dockets of the probate courts of the state to determine the
5-19     need for the assignment of judges under this section; and]
5-20                 [(2)  compare the local rules of court to achieve the
5-21     uniformity of rules that is practical and consistent with local
5-22     conditions.]
5-23           [(n)  A judge assigned under this section has the
5-24     jurisdiction, powers, and duties given by Sections 5, 5A, 606, and
5-25     607, Texas Probate Code, to the regular judge of the court to which
5-26     assigned.]
5-27           [(o)]  Except as otherwise provided by this section, the
 6-1     salary, compensation, and expenses of a judge assigned under this
 6-2     section are paid in accordance with state law.
 6-3           (l) [(p)]  The daily compensation of a former or retired
 6-4     judge for purposes of this section is set at an amount equal to the
 6-5     daily compensation of a judge of a statutory probate court in the
 6-6     county in which the former or retired judge is assigned.  A former
 6-7     or retired judge assigned to a county that does not have a
 6-8     statutory probate court shall be paid an amount equal to the daily
 6-9     compensation of a judge of a statutory probate court in the county
6-10     where the assigned judge was last elected.
6-11           (m) [(q)]  An assigned judge is entitled to receive
6-12     reasonable and necessary expenses for travel, lodging, and food.
6-13     The assigned judge shall furnish the presiding judge, for
6-14     certification, an accounting of those expenses with a statement of
6-15     the number of days the judge served.
6-16           (n) [(r)]  The presiding judge shall certify to the county
6-17     judge in the county in which the assigned judge served:
6-18                 (1)  the expenses approved under Subsection (m) [(q)];
6-19     and
6-20                 (2)  a determination of the assigned judge's salary.
6-21           (o) [(s)]  The county in which the assigned judge served
6-22     shall pay out of the general fund of the county:
6-23                 (1)  expenses certified under Subsection (n) [(q)] to
6-24     the assigned judge; and
6-25                 (2)  the salary certified under Subsection (n) [(q)] to
6-26     the county in which the assigned judge serves, or, if the assigned
6-27     judge is a former or retired judge, to the assigned judge.
 7-1           (p) [(t)]  In addition to all compensation and expenses
 7-2     authorized by this section and other law, a judge who is assigned
 7-3     to a court outside the county of the judge's residence is entitled
 7-4     to receive $25 for each day or fraction of a day served.  The
 7-5     county in which the judge served shall pay the additional
 7-6     compensation from the county's general fund on certification by the
 7-7     presiding judge.
 7-8           (q) [(u)]  When required to attend an annual or special
 7-9     meeting prescribed by this section, a judge is entitled to receive,
7-10     in addition to all other compensation allowed by law, actual and
7-11     necessary travel expenses incurred going to and returning from the
7-12     place of the meeting and actual and necessary expenses while
7-13     attending the meeting.  On certification by the presiding judge,
7-14     the judge's county of residence shall pay the expenses from the
7-15     county's general fund.
7-16           (r) [(v)  The presiding judge may perform the acts necessary
7-17     to carry out the provisions of this section and to improve the
7-18     management of the statutory probate courts and the administration
7-19     of justice.]
7-20           [(w)]  Chapter 74 and Subchapter I, Chapter 75, do not apply
7-21     to the assignment under this section of statutory probate court
7-22     judges.
7-23           (s)  The presiding judge may appoint any special or standing
7-24     committees of statutory probate court judges necessary or desirable
7-25     for court management and administration.
7-26           [(x)  To be eligible for assignment under this section a
7-27     former or retired judge of a statutory probate court must:]
 8-1                 [(1)  not have been removed from office; and]
 8-2                 [(2)  certify under oath to the presiding judge, on a
 8-3     form prescribed by the state board of regional judges, that the
 8-4     judge did not resign from office after having received notice that
 8-5     formal proceedings by the State Commission on Judicial Conduct had
 8-6     been instituted as provided in Section 33.022 and before the final
 8-7     disposition of the proceedings.]
 8-8           SECTION 2.  Section 26.012, Government Code, is amended to
 8-9     read as follows:
8-10           Sec. 26.012.  Assignment of Visiting Judge For Probate,
8-11     Guardianship, and Mental Health Matters. If the county judge is
8-12     absent, incapacitated, or disqualified to act in a probate,
8-13     guardianship, or mental health matter, a visiting judge shall be
8-14     assigned in accordance with Section 25.0022(h) [25.0022(i)].
8-15           SECTION 3.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 900 was passed by the House on
         May 11, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 900 on May 27, 2001, by a non-record
         vote; and that the House adopted H.C.R. No. 325 authorizing certain
         corrections in H.B. No. 900 on May 27, 2001, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 900 was passed by the Senate, with
         amendments, on May 17, 2001, by a viva-voce vote; and that the
         Senate adopted H.C.R. No. 325 authorizing certain corrections in
         H.B. No. 900 on May 28, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor