By Hinojosa H.B. No. 3696
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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:
2-1 (b) Notwithstanding Subsection (a), a county criminal court
2-2 at law in Hidalgo County has only the jurisdiction provided by this
2-3 subsection. A county criminal court at law has jurisdiction over
2-4 all criminal causes and proceedings, original and appellate,
2-5 prescribed by law for county courts.
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 the five years preceding the date of
2-14 election 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
3-1 September 1, 2001, to a district court, county court at law, or
3-2 county court in the county with jurisdiction over the case.
3-3 (b) The local administrative statutory county court judge
3-4 shall transfer any probate matter that is pending in a statutory
3-5 county court in Hidalgo County on September 1, 2001, to the Probate
3-6 Court of Hidalgo County.
3-7 (c) When a case is transferred as provided by Subsection (a)
3-8 or (b) of this section, all processes, writs, bonds, recognizances,
3-9 or other obligations issued from the transferring court are
3-10 returnable to the court to which the case is transferred as if
3-11 originally issued by that court. The obligees on all bonds and
3-12 recognizances taken in and for a court from which a case is
3-13 transferred, and all witnesses summoned to appear in a court from
3-14 which a case is transferred, are required to appear before the
3-15 court to which a case is transferred as if originally required to
3-16 appear before that court.
3-17 SECTION 6. The County Court at Law No. 5 of Hidalgo County
3-18 and the County Criminal Court at Law of Hidalgo County are created
3-19 and this Act takes effect September 1, 2001.