1-1     By:  Hartnett (Senate Sponsor - West)                 H.B. No. 2814
 1-2           (In the Senate - Received from the House April 30, 2001;
 1-3     May 1, 2001, read first time and referred to Committee on
 1-4     Jurisprudence; May 8, 2001, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; May 8, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the operation of statutory probate courts.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Section 25.0023, Government Code, is amended to
1-11     read as follows:
1-12           Sec. 25.0023.  COMPENSATION OF [CERTAIN] PROBATE COURT
1-13     JUDGES.  (a)  The [In any county having a population of 700,000 or
1-14     more, the] commissioners court shall set the annual salary of each
1-15     judge of a statutory probate court at an amount that is at least
1-16     equal to the total annual salary[, including supplements,] received
1-17     by a district judge in the county.  A district judge's or statutory
1-18     probate court judge's total annual salary includes contributions
1-19     and supplements paid by the state or a county, other than
1-20     contributions received as compensation under Section 25.0022(c).
1-21           (b)  The salary shall be paid in equal monthly installments.
1-22           SECTION 2.  Sections 25.00261, 25.00263, 25.00264, 25.00265,
1-23     and 25.00266, Government Code, are repealed because they duplicate
1-24     identical provisions in Sections 25.0027, 25.0029, 25.0030,
1-25     25.0031, and 25.0032, Government Code, as added by Chapter 394,
1-26     Acts of the 72nd Legislature, Regular Session, 1991, respectively.
1-27           SECTION 3.  Section 25.0595(i), Government Code, as amended
1-28     by Chapters 394 and 746, Acts of the 72nd Legislature, Regular
1-29     Session, 1991, is amended to read as follows:
1-30           (i)  Section [25.00261] 25.0027 does not apply to a statutory
1-31     probate court in Dallas County.
1-32           SECTION 4.  Section 25.0733(a), Government Code, is amended
1-33     to read as follows:
1-34           (a)  Sections 25.0732(d), (h), (i), (j), [(l),] (m), (n),
1-35     (o), (p), (q), (r), and (v), relating to county courts at law in El
1-36     Paso County, apply to a statutory probate court in El Paso County.
1-37           SECTION 5.  Section 25.2651(b), Government Code, is amended
1-38     to read as follows:
1-39           (b)  Except for Sections 25.0009, 25.0010(b), 25.0011,
1-40     25.0030(b) [25.00264(b)], and 25.0031 [25.00265], Subchapters A and
1-41     B apply to a statutory probate court composed of more than one
1-42     county.
1-43           SECTION 6.  Section 40.062, Human Resources Code, is amended
1-44     to read as follows:
1-45           Sec. 40.062.  EXEMPTION FROM CERTAIN COSTS AND FEES.  The
1-46     department is not required to pay any cost or fee otherwise imposed
1-47     for court proceedings, including a:
1-48                 (1)  filing fee or fee for issuance or service of
1-49     process imposed by Section 110.002, Family Code, or by Section
1-50     51.317, 51.318(b)(2), or 51.319, Government Code;
1-51                 (2)  transfer fee imposed by Section 110.002 or
1-52     110.005, Family Code;
1-53                 (3)  court reporter fee imposed by Section 51.601,
1-54     Government Code;
1-55                 (4)  judicial fund fee imposed by Sections 51.701 and
1-56     51.702, Government Code;
1-57                 (5)  judge's fee imposed by Section 25.0008[,
1-58     25.00263,] or 25.0029, Government Code; or
1-59                 (6)  cost or security fee imposed by Section 12 or 622,
1-60     Probate Code.
1-61           SECTION 7.  Sections 25.00262, 25.0028, and 25.2293(h),
1-62     Government Code, are repealed.
1-63           SECTION 8.  This Act takes effect September 1, 2001.
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