By Hinojosa                                           H.B. No. 3696
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of the County Court at Law No. 5 of
 1-3     Hidalgo County and the County Criminal Court at Law of Hidalgo
 1-4     County, to redesignating the County Court at Law No. 3 of Hidalgo
 1-5     County as the Probate Court of Hidalgo County, and to the
 1-6     jurisdiction of the statutory county courts in Hidalgo County.
 1-7           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-8           SECTION 1. Section 25.1101, Government Code, is amended to
 1-9     read as follows:
1-10           Sec. 25.1101.  HIDALGO COUNTY. (a)  Hidalgo County has the
1-11     following statutory county courts:
1-12                 (1)  County Court at Law No. 1 of Hidalgo County;
1-13                 (2)  County Court at Law No. 2 of Hidalgo County;
1-14                 (3)  [County Court at Law No. 3 of Hidalgo County; and]
1-15                 [(4)]  County Court at Law No. 4 of Hidalgo County;
1-16                 (4)  County Court at Law No. 5 of Hidalgo County; and
1-17                 (5)  County Criminal Court at Law of Hidalgo County.
1-18           (b)  Hidalgo County has one statutory probate court, the
1-19     Probate Court of Hidalgo County.
1-20           (c)  The county courts at law of Hidalgo County sit in the
1-21     county seat.
1-22           SECTION 2. Section 25.1102, Government Code, is amended by
1-23     adding Subsection (b) to read as follows:
1-24           (b)  Notwithstanding Subsection (a), a county criminal court
 2-1     at law in Hidalgo County has only the jurisdiction provided by this
 2-2     subsection.  A county criminal court at law has jurisdiction over
 2-3     all criminal causes and proceedings, original and appellate,
 2-4     prescribed by law for county courts.
 2-5           SECTION 3. Subchapter C, Chapter 25, Government Code, is
 2-6     amended by adding Section 25.1103 to read as follows:
 2-7           Sec. 25.1103.  HIDALGO COUNTY PROBATE COURT PROVISIONS. The
 2-8     judge of a statutory probate court must be:
 2-9                 (1)  a qualified voter;
2-10                 (2)  a resident of the county; and
2-11                 (3)  a licensed attorney in this state who has actively
2-12     practiced law for at least the five years preceding the date of
2-13     election or appointment.
2-14           SECTION 4. (a)  The County Court at Law No. 3 of Hidalgo
2-15     County is redesignated as the Probate Court of Hidalgo County.
2-16           (b)  The judge of the County Court at Law No. 3 of Hidalgo
2-17     County is the judge of the Probate Court of Hidalgo County.  Unless
2-18     otherwise removed, the judge serves until December 31, 2002, and
2-19     until the judge's successor is elected and has qualified.  In the
2-20     2002 general election and every four years thereafter, the
2-21     qualified voters of the county shall elect a judge of the Probate
2-22     Court of Hidalgo County for a regular term of four years.
2-23           SECTION 5. (a)  The judge of the County Court at Law No. 3 of
2-24     Hidalgo County shall transfer all cases over which the court loses
2-25     jurisdiction under this Act and that are pending in the court on
2-26     September 1, 2001, to a district  court, county court at law, or
2-27     county court in the county with jurisdiction over the case.
 3-1           (b)  The local administrative statutory county court judge
 3-2     shall transfer any probate matter that is pending in a statutory
 3-3     county court in Hidalgo County on September 1, 2001, to the Probate
 3-4     Court of Hidalgo County.
 3-5           (c)  When a case is transferred as provided by Subsection (a)
 3-6     or (b) of this section, all processes, writs, bonds, recognizances,
 3-7     or other obligations issued from the transferring court are
 3-8     returnable to the court to which the case is transferred as if
 3-9     originally issued by that court.  The obligees on all bonds and
3-10     recognizances taken in and for a court from which a case is
3-11     transferred, and all witnesses summoned to appear in a court from
3-12     which a case is transferred, are required to appear before the
3-13     court to which a case is transferred as if originally required to
3-14     appear before that court.
3-15           SECTION 6. The County Court at Law No. 5 of Hidalgo County
3-16     and the County Criminal Court at Law of Hidalgo County are created
3-17     and this Act takes effect September 1, 2001.