1-1 AN ACT
1-2 relating to the creation of the County Court at Law No. 5 of
1-3 Hidalgo County, to redesignating the County Court at Law No. 3 of
1-4 Hidalgo County as the Probate Court of Hidalgo County, and to the
1-5 jurisdiction of the statutory county courts in Hidalgo County.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 25.1101, Government Code, is amended to
1-8 read as follows:
1-9 Sec. 25.1101. HIDALGO COUNTY. (a) Hidalgo County has the
1-10 following statutory county courts:
1-11 (1) County Court at Law No. 1 of Hidalgo County;
1-12 (2) County Court at Law No. 2 of Hidalgo County;
1-13 (3) [County Court at Law No. 3 of Hidalgo County; and]
1-14 [(4)] County Court at Law No. 4 of Hidalgo County; and
1-15 (4) County Court at Law No. 5 of Hidalgo County.
1-16 (b) Hidalgo County has one statutory probate court, the
1-17 Probate Court of Hidalgo County.
1-18 (c) The county courts at law of Hidalgo County sit in the
1-19 county seat.
1-20 SECTION 2. Section 25.1102(a), Government Code, is amended
1-21 to read as follows:
1-22 (a) In addition to the jurisdiction provided by Section
1-23 25.0003 and other law, a county court at law in Hidalgo County has
1-24 concurrent jurisdiction with the district court in:
2-1 (1) family law cases and proceedings; and
2-2 (2) civil cases in which the matter in controversy
2-3 does not exceed $750,000 [$500,000], excluding interest, statutory
2-4 or punitive damages and penalties, and attorney's fees and costs,
2-5 as alleged on the page of the petition.
2-6 SECTION 3. Subchapter C, Chapter 25, Government Code, is
2-7 amended by adding Section 25.1103 to read as follows:
2-8 Sec. 25.1103. HIDALGO COUNTY PROBATE COURT PROVISIONS. The
2-9 judge of a statutory probate court must be:
2-10 (1) a qualified voter;
2-11 (2) a resident of the county; and
2-12 (3) a licensed attorney in this state who has actively
2-13 practiced law for at least five years before the date of election
2-14 or appointment.
2-15 SECTION 4. (a) The County Court at Law No. 3 of Hidalgo
2-16 County is redesignated as the Probate Court of Hidalgo County.
2-17 (b) The judge of the County Court at Law No. 3 of Hidalgo
2-18 County is the judge of the Probate Court of Hidalgo County. Unless
2-19 otherwise removed, the judge serves until December 31, 2002, and
2-20 until the judge's successor is elected and has qualified. In the
2-21 2002 general election and every four years thereafter, the
2-22 qualified voters of the county shall elect a judge of the Probate
2-23 Court of Hidalgo County for a regular term of four years.
2-24 SECTION 5. (a) The judge of the County Court at Law No. 3 of
2-25 Hidalgo County shall transfer all cases over which the court loses
2-26 jurisdiction under this Act and that are pending in the court on
2-27 September 1, 2001, to a district court, county court at law, or
3-1 county court in the county with jurisdiction over the case.
3-2 (b) The local administrative statutory county court judge
3-3 shall transfer any probate matter that is pending in a statutory
3-4 county court in Hidalgo County on September 1, 2001, to the Probate
3-5 Court of Hidalgo County.
3-6 (c) When a case is transferred as provided by Subsection (a)
3-7 or (b) of this section, all processes, writs, bonds, recognizances,
3-8 or other obligations issued from the transferring court are
3-9 returnable to the court to which the case is transferred as if
3-10 originally issued by that court. The obligees on all bonds and
3-11 recognizances taken in and for a court from which a case is
3-12 transferred, and all witnesses summoned to appear in a court from
3-13 which a case is transferred, are required to appear before the
3-14 court to which a case is transferred as if originally required to
3-15 appear before that court.
3-16 SECTION 6. (a) Notwithstanding Section 25.1101(a),
3-17 Government Code, as amended by this Act, the County Court at Law
3-18 No. 5 of Hidalgo County is created January 1, 2003.
3-19 (b) Notwithstanding Section 25.0009, Government Code, the
3-20 initial vacancy in the office of judge of the County Court at Law
3-21 No. 5 of Hidalgo County shall be filled by election. The office
3-22 exists for purposes of the primary and general elections in 2002.
3-23 A vacancy after the initial vacancy is filled as provided by
3-24 Section 25.0009, Government Code.
3-25 SECTION 7. The change in law made to Section 25.1102(a),
3-26 Government Code, by this Act applies only to an action filed in a
3-27 statutory county court of Hidalgo County on or after the effective
4-1 date of this Act. An action filed in a statutory county court of
4-2 Hidalgo County before the effective date of this Act is governed by
4-3 the law in effect on the date the action was filed, and the former
4-4 law is continued in effect for that purpose.
4-5 SECTION 8. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3696 was passed by the House on May
8, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 3696 on May 25, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3696 was passed by the Senate, with
amendments, on May 21, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor