By Thompson                                            H.B. No. 900
         77R746 JMC-D                           
                                A BILL TO BE ENTITLED
 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 under Section 25.00224 if the local
 2-1     administrative judge does not 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. Subchapter B, Chapter 25, Government Code, is
 8-9     amended by adding Sections 25.00223-25.00226 to read as follows:
8-10           Sec. 25.00223.  LOCAL ADMINISTRATIVE STATUTORY PROBATE COURT
8-11     JUDGE. (a)  There is a local administrative statutory probate court
8-12     judge in each county that has a statutory probate court.
8-13           (b)  In a county with two or more statutory probate courts,
8-14     the judges of those courts shall elect a statutory probate court
8-15     judge as local administrative statutory probate court judge for a
8-16     term of not more than two years.  A local administrative statutory
8-17     probate court judge may not be elected on the basis of rotation or
8-18     seniority. If the judges of those courts fail to elect a local
8-19     administrative statutory probate court judge, the presiding judge
8-20     of the statutory probate courts shall designate one of the
8-21     qualified judges of the county as the local administrative
8-22     statutory probate court judge for a term of not more than two
8-23     years.
8-24           (c)  In a county with only one statutory probate court, the
8-25     statutory probate court judge serves as the local administrative
8-26     statutory probate court judge.
8-27           Sec. 25.00224.  DUTIES OF LOCAL ADMINISTRATIVE STATUTORY
 9-1     PROBATE COURT JUDGE.  A local administrative statutory probate
 9-2     court judge, for the statutory probate courts for which the judge
 9-3     serves as local administrative judge, shall:
 9-4                 (1)  implement and execute the local rules of
 9-5     administration, including the assignment, docketing, transfer, and
 9-6     hearing of cases;
 9-7                 (2)  promulgate local rules of administration if the
 9-8     other statutory probate court judges do not act by a majority vote;
 9-9                 (3)  recommend to the presiding judge of the statutory
9-10     probate courts any needs for assignment from outside the county to
9-11     dispose of court caseloads;
9-12                 (4)  supervise the expeditious movement of court
9-13     caseloads, subject to local, regional, and state rules of
9-14     administration;
9-15                 (5)  provide to the office of court administration or
9-16     the presiding judge of the statutory probate courts any requested
9-17     statistical and management information;
9-18                 (6)  set the hours and places for holding court in the
9-19     county;
9-20                 (7)  supervise the employment and performance of
9-21     nonjudicial personnel;
9-22                 (8)  supervise the budget and fiscal matters of the
9-23     local statutory probate courts, subject to local rules of
9-24     administration;
9-25                 (9)  coordinate and cooperate with any other local
9-26     administrative court judge in the county in the assignment of cases
9-27     in the courts' concurrent jurisdiction for the efficient operation
 10-1    of the court system and the effective administration of justice;
 10-2    and
 10-3                (10)  perform other duties as may be directed by the
 10-4    presiding judge of the statutory probate courts.
 10-5          Sec.  25.00225.  LOCAL RULES OF ADMINISTRATION. (a)  The
 10-6    statutory probate court judges in each county shall, by majority
 10-7    vote, adopt local rules of administration.
 10-8          (b)  The rules must provide for:
 10-9                (1)  assignment, docketing, transfer, and hearing of
10-10    all cases, subject to jurisdictional limitations of the statutory
10-11    probate courts; and
10-12                (2)  fair and equitable division of caseloads.
10-13          (c)  The rules may:
10-14                (1)  designate courts responsible for certain matters;
10-15                (2)  provide for judicial vacation, sick leave,
10-16    attendance at educational programs, and similar matters; and
10-17                (3)  provide for any other matter necessary to carry
10-18    out this subchapter or to improve the administration and management
10-19    of the court system and its auxiliary services.
10-20          (d)  Rules relating to the transfer of cases may not allow
10-21    the transfer of cases from one court to another unless the cases
10-22    are within the jurisdiction of the court to which it is
10-23    transferred.  When a case is transferred from one court to another
10-24    as provided by this section, all processes, writs, bonds,
10-25    recognizances, or other obligations issued from the transferring
10-26    court are returnable to the court to which the case is transferred
10-27    as if originally issued by that court.
 11-1          Sec. 25.00226.  HEARING CASES. (a)  A statutory probate court
 11-2    judge, including an active, former, or retired judge assigned to a
 11-3    court having jurisdiction as provided by Section 5, 5A, 5B, 606,
 11-4    607, or 608, Texas Probate Code, may hear and determine a matter
 11-5    pending in any statutory probate court in the county regardless of
 11-6    whether the matter is preliminary or final or whether there is a
 11-7    judgment in the matter. The judge may sign a judgment or order in
 11-8    any of the courts regardless of whether the case is transferred.
 11-9    The judgment, order, or action is valid and binding as if the case
11-10    were pending in the court of the judge who acts in the matter.
11-11          (b)  The judges shall try any case and hear any proceeding as
11-12    assigned by the local administrative statutory probate court judge
11-13    or the presiding judge of the statutory probate courts.
11-14          (c)  The clerk shall file, docket, transfer, and assign the
11-15    cases as directed by the local administrative statutory probate
11-16    court judge in accordance with the local rules or by the presiding
11-17    judge of the statutory probate courts.
11-18          (d)  Statutory probate court judges may serve as masters and
11-19    magistrates of courts, other than their own, subject to other
11-20    provisions of law and court rules.
11-21          (e)  A judge who has jurisdiction over a suit pending in one
11-22    county may, unless objected to by any party, conduct any of the
11-23    judicial proceedings except the trial on the merits in a different
11-24    county.
11-25          (f)  A pretrial judge assigned to hear pretrial matters in
11-26    related cases under Sections 5, 5A, 5B, 606, 607, and 608, Texas
11-27    Probate Code, may hold pretrial proceedings and hearings on
 12-1    pretrial matters for a case to which the judge has been assigned
 12-2    in:
 12-3                (1)  the county in which the case is pending; or
 12-4                (2)  a county in which a related case to which the
 12-5    pretrial judge has been assigned is pending.
 12-6          SECTION 3.  Section 26.012, Government Code, is amended to
 12-7    read as follows:
 12-8          Sec. 26.012.  Assignment of Visiting Judge For Probate,
 12-9    Guardianship, and Mental Health Matters. If the county judge is
12-10    absent, incapacitated, or disqualified to act in a probate,
12-11    guardianship, or mental health matter, a visiting judge shall be
12-12    assigned in accordance with Section 25.0022(h) [25.0022(i)].
12-13          SECTION 4.  This Act takes effect September 1, 2001.