1-1 By: Thompson (Senate Sponsor - Wentworth) H.B. No. 900
1-2 (In the Senate - Received from the House May 11, 2001;
1-3 May 11, 2001, read first time and referred to Committee on
1-4 Jurisprudence; May 11, 2001, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the administration of statutory probate courts and to
1-9 the assignment of statutory probate court judges.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 25.0022, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 25.0022. ADMINISTRATION [ASSIGNMENT OF JUDGES] OF
1-14 STATUTORY PROBATE COURTS. (a) "Statutory probate court" has the
1-15 meaning assigned by Section 3, Texas Probate Code.
1-16 (b) The judges of the statutory probate courts shall elect
1-17 from their number a presiding judge of the statutory probate
1-18 courts. The presiding judge serves a four-year term from the date
1-19 of qualification as the presiding judge.
1-20 (c) The presiding judge may perform the acts necessary to
1-21 carry out this section and to improve the management of the
1-22 statutory probate courts and the administration of justice.
1-23 (d) The presiding judge shall:
1-24 (1) ensure the promulgation of local rules of
1-25 administration in accordance with policies and guidelines set by
1-26 the supreme court;
1-27 (2) advise local statutory probate court judges on
1-28 case flow management practices and auxiliary court services;
1-29 (3) perform a duty of a local administrative statutory
1-30 probate court judge under Section 25.00224 if the local
1-31 administrative judge does not perform that duty;
1-32 (4) appoint an assistant presiding judge of the
1-33 statutory probate courts;
1-34 (5) call and preside over annual meetings of the
1-35 judges of the statutory probate courts at a time and place in the
1-36 state as designated by the presiding judge;
1-37 (6) call and convene other meetings of the judges of
1-38 the statutory probate courts as considered necessary by the
1-39 presiding judge to promote the orderly and efficient administration
1-40 of justice in the statutory probate courts;
1-41 (7) study available statistics reflecting the
1-42 condition of the dockets of the probate courts in the state to
1-43 determine the need for the assignment of judges under this section;
1-44 and
1-45 (8) compare local rules of court to achieve uniformity
1-46 of rules to the extent practical and consistent with local
1-47 conditions.
1-48 (e) [(c)] In addition to all other compensation, expenses,
1-49 and perquisites authorized by law, the presiding judge shall be
1-50 paid for performing the duties of a presiding judge an annual
1-51 salary equal to the maximum salary authorized by Section 74.051(b)
1-52 for a presiding judge of an administrative judicial region. The
1-53 presiding judge is entitled to receive reasonable expenses incurred
1-54 in administering those duties.
1-55 [(d)] The salary and expenses are paid by the counties that
1-56 have statutory probate courts, apportioned according to the number
1-57 of statutory probate courts in the county.
1-58 (f) [(e)] Each county pays annually to the presiding judge,
1-59 from fees collected pursuant to Section 118.052(2)(A)(vi), Local
1-60 Government Code [Section 1A, Article 3930(b), Revised Statutes],
1-61 the amount of the salary apportioned to it as provided by this
1-62 section and the other expenses authorized by this section.
1-63 [(f)] The presiding judge shall place each county's payment
1-64 of salary and other expenses in an administrative fund, from which
2-1 the salary and other expenses are paid. The salary shall be paid
2-2 in equal monthly installments.
2-3 (g) [The presiding judge serves for a four-year term from
2-4 the date of qualification as the presiding judge.]
2-5 [(h) The presiding judge shall appoint an assistant
2-6 presiding judge of the statutory probate courts.] The assistant
2-7 presiding judge may assign probate judges as provided by this
2-8 section and perform the office of presiding judge:
2-9 (1) on the death or resignation of the presiding judge
2-10 and until a successor presiding judge is elected; or
2-11 (2) when the presiding judge is unable to perform the
2-12 duties of the office because of absence, disqualification,
2-13 disabling illness, or other incapacity.
2-14 (h) A judge or a former or retired judge of a statutory
2-15 probate court [(i) Judges] may be assigned [in the manner provided
2-16 by this section] to hold court in a statutory probate court, county
2-17 court, or any statutory court exercising probate jurisdiction when:
2-18 (1) a statutory probate [the regular] judge requests
2-19 assignment of another judge to the judge's court;
2-20 (2) a statutory probate [the regular] judge is absent,
2-21 disabled, or disqualified for any reason;
2-22 (3) a statutory probate [the regular] judge is present
2-23 or is trying cases as authorized by the constitution and laws of
2-24 this state and the condition of the court's docket makes it
2-25 necessary to appoint an additional judge;
2-26 (4) the office of a statutory probate [the regular]
2-27 judge is vacant;
2-28 (5) the presiding judge of an administrative judicial
2-29 district requests the assignment of a statutory probate judge to
2-30 hear a probate matter in a county court or statutory county court;
2-31 [or]
2-32 (6) a motion to recuse the [regular] judge of a
2-33 statutory probate court has been filed;
2-34 (7) a county court judge requests the assignment of a
2-35 statutory probate judge to hear a probate matter in the county
2-36 court; or
2-37 (8) a local administrative statutory probate court
2-38 judge requests the assignment of a statutory probate judge to hear
2-39 a matter in a statutory probate court.
2-40 (i) A judge assigned under this section has the
2-41 jurisdiction, powers, and duties given by Sections 5, 5A, 5B, 606,
2-42 607, and 608, Texas Probate Code, to statutory probate court judges
2-43 by general law.
2-44 (j) To be eligible for assignment under this section a
2-45 former or retired judge of a statutory probate court must:
2-46 (1) not have been removed from office; and
2-47 (2) certify under oath to the presiding judge, on a
2-48 form prescribed by the state board of regional judges, that the
2-49 judge did not resign from office after having received notice that
2-50 formal proceedings by the State Commission on Judicial Conduct had
2-51 been instituted as provided by Section 33.022 and before the final
2-52 disposition of the proceedings [A judge or former or retired judge
2-53 of a statutory probate court may be assigned by the presiding judge
2-54 as provided by this section].
2-55 (k) [The presiding judge shall call and preside over an
2-56 annual meeting of the judges of the statutory probate courts on a
2-57 date and at a time and place in the state designated by the
2-58 presiding judge.]
2-59 [(l) The presiding judge may call and convene additional
2-60 meetings of the judges of the statutory probate courts that the
2-61 presiding judge considers necessary for the promotion of the
2-62 orderly and efficient administration of justice.]
2-63 [(m) At the annual meeting, the judges shall:]
2-64 [(1) study the statistics reflecting the condition of
2-65 the dockets of the probate courts of the state to determine the
2-66 need for the assignment of judges under this section; and]
2-67 [(2) compare the local rules of court to achieve the
2-68 uniformity of rules that is practical and consistent with local
2-69 conditions.]
3-1 [(n) A judge assigned under this section has the
3-2 jurisdiction, powers, and duties given by Sections 5, 5A, 606, and
3-3 607, Texas Probate Code, to the regular judge of the court to which
3-4 assigned.]
3-5 [(o)] Except as otherwise provided by this section, the
3-6 salary, compensation, and expenses of a judge assigned under this
3-7 section are paid in accordance with state law.
3-8 (l) [(p)] The daily compensation of a former or retired
3-9 judge for purposes of this section is set at an amount equal to the
3-10 daily compensation of a judge of a statutory probate court in the
3-11 county in which the former or retired judge is assigned. A former
3-12 or retired judge assigned to a county that does not have a
3-13 statutory probate court shall be paid an amount equal to the daily
3-14 compensation of a judge of a statutory probate court in the county
3-15 where the assigned judge was last elected.
3-16 (m) [(q)] An assigned judge is entitled to receive
3-17 reasonable and necessary expenses for travel, lodging, and food.
3-18 The assigned judge shall furnish the presiding judge, for
3-19 certification, an accounting of those expenses with a statement of
3-20 the number of days the judge served.
3-21 (n) [(r)] The presiding judge shall certify to the county
3-22 judge in the county in which the assigned judge served:
3-23 (1) the expenses approved under Subsection (m) [(q)];
3-24 and
3-25 (2) a determination of the assigned judge's salary.
3-26 (o) [(s)] The county in which the assigned judge served
3-27 shall pay out of the general fund of the county:
3-28 (1) expenses certified under Subsection (n) [(q)] to
3-29 the assigned judge; and
3-30 (2) the salary certified under Subsection (n) [(q)] to
3-31 the county in which the assigned judge serves, or, if the assigned
3-32 judge is a former or retired judge, to the assigned judge.
3-33 (p) [(t)] In addition to all compensation and expenses
3-34 authorized by this section and other law, a judge who is assigned
3-35 to a court outside the county of the judge's residence is entitled
3-36 to receive $25 for each day or fraction of a day served. The
3-37 county in which the judge served shall pay the additional
3-38 compensation from the county's general fund on certification by the
3-39 presiding judge.
3-40 (q) [(u)] When required to attend an annual or special
3-41 meeting prescribed by this section, a judge is entitled to receive,
3-42 in addition to all other compensation allowed by law, actual and
3-43 necessary travel expenses incurred going to and returning from the
3-44 place of the meeting and actual and necessary expenses while
3-45 attending the meeting. On certification by the presiding judge,
3-46 the judge's county of residence shall pay the expenses from the
3-47 county's general fund.
3-48 (r) [(v) The presiding judge may perform the acts necessary
3-49 to carry out the provisions of this section and to improve the
3-50 management of the statutory probate courts and the administration
3-51 of justice.]
3-52 [(w)] Chapter 74 and Subchapter I, Chapter 75, do not apply
3-53 to the assignment under this section of statutory probate court
3-54 judges.
3-55 (s) The presiding judge may appoint any special or standing
3-56 committees of statutory probate court judges necessary or desirable
3-57 for court management and administration.
3-58 [(x) To be eligible for assignment under this section a
3-59 former or retired judge of a statutory probate court must:]
3-60 [(1) not have been removed from office; and]
3-61 [(2) certify under oath to the presiding judge, on a
3-62 form prescribed by the state board of regional judges, that the
3-63 judge did not resign from office after having received notice that
3-64 formal proceedings by the State Commission on Judicial Conduct had
3-65 been instituted as provided in Section 33.022 and before the final
3-66 disposition of the proceedings.]
3-67 SECTION 2. Subchapter B, Chapter 25, Government Code, is
3-68 amended by adding Sections 25.00223-25.00226 to read as follows:
3-69 Sec. 25.00223. LOCAL ADMINISTRATIVE STATUTORY PROBATE COURT
4-1 JUDGE. (a) There is a local administrative statutory probate court
4-2 judge in each county that has a statutory probate court.
4-3 (b) In a county with two or more statutory probate courts,
4-4 the judges of those courts shall elect a statutory probate court
4-5 judge as local administrative statutory probate court judge for a
4-6 term of not more than two years. A local administrative statutory
4-7 probate court judge may not be elected on the basis of rotation or
4-8 seniority. If the judges of those courts fail to elect a local
4-9 administrative statutory probate court judge, the presiding judge
4-10 of the statutory probate courts shall designate one of the
4-11 qualified judges of the county as the local administrative
4-12 statutory probate court judge for a term of not more than two
4-13 years.
4-14 (c) In a county with only one statutory probate court, the
4-15 statutory probate court judge serves as the local administrative
4-16 statutory probate court judge.
4-17 Sec. 25.00224. DUTIES OF LOCAL ADMINISTRATIVE STATUTORY
4-18 PROBATE COURT JUDGE. A local administrative statutory probate
4-19 court judge, for the statutory probate courts for which the judge
4-20 serves as local administrative judge, shall:
4-21 (1) implement and execute the local rules of
4-22 administration, including the assignment, docketing, transfer, and
4-23 hearing of cases;
4-24 (2) promulgate local rules of administration if the
4-25 other statutory probate court judges do not act by a majority vote;
4-26 (3) recommend to the presiding judge of the statutory
4-27 probate courts any needs for assignment from outside the county to
4-28 dispose of court caseloads;
4-29 (4) supervise the expeditious movement of court
4-30 caseloads, subject to local, regional, and state rules of
4-31 administration;
4-32 (5) provide to the office of court administration or
4-33 the presiding judge of the statutory probate courts any requested
4-34 statistical and management information;
4-35 (6) set the hours and places for holding court in the
4-36 county;
4-37 (7) supervise the employment and performance of
4-38 nonjudicial personnel;
4-39 (8) supervise the budget and fiscal matters of the
4-40 local statutory probate courts, subject to local rules of
4-41 administration;
4-42 (9) coordinate and cooperate with any other local
4-43 administrative court judge in the county in the assignment of cases
4-44 in the courts' concurrent jurisdiction for the efficient operation
4-45 of the court system and the effective administration of justice;
4-46 and
4-47 (10) perform other duties as may be directed by the
4-48 presiding judge of the statutory probate courts.
4-49 Sec. 25.00225. LOCAL RULES OF ADMINISTRATION. (a) The
4-50 statutory probate court judges in each county shall, by majority
4-51 vote, adopt local rules of administration.
4-52 (b) The rules must provide for:
4-53 (1) assignment, docketing, transfer, and hearing of
4-54 all cases, subject to jurisdictional limitations of the statutory
4-55 probate courts; and
4-56 (2) fair and equitable division of caseloads.
4-57 (c) The rules may:
4-58 (1) designate courts responsible for certain matters;
4-59 (2) provide for judicial vacation, sick leave,
4-60 attendance at educational programs, and similar matters; and
4-61 (3) provide for any other matter necessary to carry
4-62 out this subchapter or to improve the administration and management
4-63 of the court system and its auxiliary services.
4-64 (d) Rules relating to the transfer of cases may not allow
4-65 the transfer of cases from one court to another unless the cases
4-66 are within the jurisdiction of the court to which it is
4-67 transferred. When a case is transferred from one court to another
4-68 as provided by this section, all processes, writs, bonds,
4-69 recognizances, or other obligations issued from the transferring
5-1 court are returnable to the court to which the case is transferred
5-2 as if originally issued by that court.
5-3 Sec. 25.00226. HEARING CASES. (a) A statutory probate court
5-4 judge, including an active, former, or retired judge assigned to a
5-5 court having jurisdiction as provided by Section 5, 5A, 5B, 606,
5-6 607, or 608, Texas Probate Code, may hear and determine a matter
5-7 pending in any statutory probate court in the county regardless of
5-8 whether the matter is preliminary or final or whether there is a
5-9 judgment in the matter. The judge may sign a judgment or order in
5-10 any of the courts regardless of whether the case is transferred.
5-11 The judgment, order, or action is valid and binding as if the case
5-12 were pending in the court of the judge who acts in the matter.
5-13 (b) The judges shall try any case and hear any proceeding as
5-14 assigned by the local administrative statutory probate court judge
5-15 or the presiding judge of the statutory probate courts.
5-16 (c) The clerk shall file, docket, transfer, and assign the
5-17 cases as directed by the local administrative statutory probate
5-18 court judge in accordance with the local rules or by the presiding
5-19 judge of the statutory probate courts.
5-20 (d) Statutory probate court judges may serve as masters and
5-21 magistrates of courts, other than their own, subject to other
5-22 provisions of law and court rules.
5-23 (e) A judge who has jurisdiction over a suit pending in one
5-24 county may, unless objected to by any party, conduct any of the
5-25 judicial proceedings except the trial on the merits in a different
5-26 county.
5-27 (f) A pretrial judge assigned to hear pretrial matters in
5-28 related cases under Sections 5, 5A, 5B, 606, 607, and 608, Texas
5-29 Probate Code, may hold pretrial proceedings and hearings on
5-30 pretrial matters for a case to which the judge has been assigned
5-31 in:
5-32 (1) the county in which the case is pending; or
5-33 (2) a county in which a related case to which the
5-34 pretrial judge has been assigned is pending.
5-35 SECTION 3. Section 26.012, Government Code, is amended to
5-36 read as follows:
5-37 Sec. 26.012. Assignment of Visiting Judge For Probate,
5-38 Guardianship, and Mental Health Matters. If the county judge is
5-39 absent, incapacitated, or disqualified to act in a probate,
5-40 guardianship, or mental health matter, a visiting judge shall be
5-41 assigned in accordance with Section 25.0022(h) [25.0022(i)].
5-42 SECTION 4. This Act takes effect September 1, 2001.
5-43 * * * * *