1-1 By: Hinojosa (Senate Sponsor - Lucio) H.B. No. 3696
1-2 (In the Senate - Received from the House May 9, 2001;
1-3 May 10, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 11, 2001, reported favorably by
1-5 the following vote: Yeas 4, Nays 0; May 11, 2001, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the creation of the County Court at Law No. 5 of
1-10 Hidalgo County and the County Criminal Court at Law of Hidalgo
1-11 County, to redesignating the County Court at Law No. 3 of Hidalgo
1-12 County as the Probate Court of Hidalgo County, and to the
1-13 jurisdiction of the statutory county courts in Hidalgo County.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Section 25.1101, Government Code, is amended to
1-16 read as follows:
1-17 Sec. 25.1101. HIDALGO COUNTY. (a) Hidalgo County has the
1-18 following statutory county courts:
1-19 (1) County Court at Law No. 1 of Hidalgo County;
1-20 (2) County Court at Law No. 2 of Hidalgo County;
1-21 (3) [County Court at Law No. 3 of Hidalgo County; and]
1-22 [(4)] County Court at Law No. 4 of Hidalgo County;
1-23 (4) County Court at Law No. 5 of Hidalgo County; and
1-24 (5) County Criminal Court at Law of Hidalgo County.
1-25 (b) Hidalgo County has one statutory probate court, the
1-26 Probate Court of Hidalgo County.
1-27 (c) The county courts at law of Hidalgo County sit in the
1-28 county seat.
1-29 SECTION 2. Section 25.1102, Government Code, is amended by
1-30 adding Subsection (b) to read as follows:
1-31 (b) Notwithstanding Subsection (a), a county criminal court
1-32 at law in Hidalgo County has only the jurisdiction provided by this
1-33 subsection. A county criminal court at law has jurisdiction over
1-34 all criminal causes and proceedings, original and appellate,
1-35 prescribed by law for county courts.
1-36 SECTION 3. Subchapter C, Chapter 25, Government Code, is
1-37 amended by adding Section 25.1103 to read as follows:
1-38 Sec. 25.1103. HIDALGO COUNTY PROBATE COURT PROVISIONS. The
1-39 judge of a statutory probate court must be:
1-40 (1) a qualified voter;
1-41 (2) a resident of the county; and
1-42 (3) a licensed attorney in this state who has actively
1-43 practiced law for at least the five years preceding the date of
1-44 election or appointment.
1-45 SECTION 4. (a) The County Court at Law No. 3 of Hidalgo
1-46 County is redesignated as the Probate Court of Hidalgo County.
1-47 (b) The judge of the County Court at Law No. 3 of Hidalgo
1-48 County is the judge of the Probate Court of Hidalgo County. Unless
1-49 otherwise removed, the judge serves until December 31, 2002, and
1-50 until the judge's successor is elected and has qualified. In the
1-51 2002 general election and every four years thereafter, the
1-52 qualified voters of the county shall elect a judge of the Probate
1-53 Court of Hidalgo County for a regular term of four years.
1-54 SECTION 5. (a) The judge of the County Court at Law No. 3 of
1-55 Hidalgo County shall transfer all cases over which the court loses
1-56 jurisdiction under this Act and that are pending in the court on
1-57 September 1, 2001, to a district court, county court at law, or
1-58 county court in the county with jurisdiction over the case.
1-59 (b) The local administrative statutory county court judge
1-60 shall transfer any probate matter that is pending in a statutory
1-61 county court in Hidalgo County on September 1, 2001, to the Probate
1-62 Court of Hidalgo County.
1-63 (c) When a case is transferred as provided by Subsection (a)
1-64 or (b) of this section, all processes, writs, bonds, recognizances,
2-1 or other obligations issued from the transferring court are
2-2 returnable to the court to which the case is transferred as if
2-3 originally issued by that court. The obligees on all bonds and
2-4 recognizances taken in and for a court from which a case is
2-5 transferred, and all witnesses summoned to appear in a court from
2-6 which a case is transferred, are required to appear before the
2-7 court to which a case is transferred as if originally required to
2-8 appear before that court.
2-9 SECTION 6. The County Court at Law No. 5 of Hidalgo County
2-10 and the County Criminal Court at Law of Hidalgo County are created
2-11 and this Act takes effect September 1, 2001.
2-12 * * * * *