By Shapiro                                             S.B. No. 194
         77R1621 AEI-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation, jurisdiction, and administration of the
 1-3     Probate Court No. 1 of Collin County and to the administration of
 1-4     the county courts at law of Collin County.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Effective January 1, 2003, Section 25.0451,
 1-7     Government Code, is amended to read as follows:
 1-8           Sec. 25.0451.  COLLIN COUNTY. (a)  Collin County has the
 1-9     following statutory county courts:
1-10                 (1)  County Court at Law No. 1 of Collin County;
1-11                 (2)  County Court at Law No. 2 of Collin County;
1-12                 (3)  County Court at Law No. 3 of Collin County;
1-13                 (4)  County Court at Law No. 4 of Collin County; and
1-14                 (5)  County Court at Law No. 5 of Collin County.
1-15           (b)  Collin County has one statutory probate court, the
1-16     Probate Court No. 1 of Collin County.
1-17           SECTION 2. Section 25.0452, Government Code, is amended to
1-18     read as follows:
1-19           Sec. 25.0452.  COLLIN COUNTY COURT AT LAW PROVISIONS.  (a)
1-20     [(c)] The salary of a judge of a county court at law shall be paid
1-21     out of the county treasury on orders of the commissioners court.
1-22           (b) [(d)]  The judge of a county court at law shall
1-23     diligently discharge the duties of the judge's [his] office on a
1-24     full-time basis and may not engage in the private practice of law.
 2-1           [(e)  A special judge of a county court at law may be
 2-2     appointed or elected in the manner provided by law for the
 2-3     appointment or election of a special county judge.  A special judge
 2-4     must have the same qualifications and is entitled to the same rate
 2-5     of compensation as the regular judge.]
 2-6           (c) [(f)]  Practice in the county courts at law is that
 2-7     prescribed by law for county courts.
 2-8           (d) [(g)]  The laws governing the drawing, selection,
 2-9     service, and pay of jurors for county courts apply to the county
2-10     courts at law.
2-11           [(h)  A person sitting in the capacity of a judge in County
2-12     Court at Law No. 4 of Collin County may not sit as an assigned
2-13     judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson,
2-14     Lubbock, Midland, Tarrant, or Travis County.]
2-15           SECTION 3. Subchapter C, Chapter 25, Government Code, is
2-16     amended by adding Section 25.0453 to read as follows:
2-17           Sec. 25.0453.  COLLIN COUNTY STATUTORY PROBATE COURT
2-18     PROVISIONS. (a)  The judge of a statutory probate court in Collin
2-19     County must:
2-20                 (1)  be at least 25 years of age;
2-21                 (2)  have resided in the county for at least two years
2-22     preceding the date of election or appointment;
2-23                 (3)  be licensed to practice law in this state; and
2-24                 (4)  have practiced law or served as a judge in this
2-25     state, or a combination, for the five years preceding the date of
2-26     election or appointment.
2-27           (b)  The salary of a judge of a statutory probate court shall
 3-1     be paid out of the county treasury on orders of the commissioners
 3-2     court.
 3-3           (c)  The judge of a statutory probate court shall diligently
 3-4     discharge the duties of the judge's office on a full-time basis and
 3-5     may not engage in the private practice of law.
 3-6           (d)  Practice for a statutory probate court is that
 3-7     prescribed by law for county courts.
 3-8           (e)  The laws governing the drawing, selection, service, and
 3-9     pay of jurors for county courts apply to a statutory probate court.
3-10           (f)  A statutory probate court has the general jurisdiction
3-11     of a probate court as provided by Section 25.0021.
3-12           SECTION 4. (a)  The Probate Court No. 1 of Collin County is
3-13     created January 1, 2003.
3-14           (b)  The initial vacancy in the office of judge of the
3-15     Probate Court No. 1 of Collin County shall be filled by election.
3-16     The office exists for purposes of the primary and general elections
3-17     in 2002.  A vacancy after the initial vacancy is filled as provided
3-18     by Section 25.0009, Government Code.
3-19           SECTION 5. Except as provided by Section 4(b) of this Act,
3-20     for purposes of Section 201.027, Election Code, the effective date
3-21     of the Act creating the office is the effective date of the
3-22     Government Code section establishing the court under this Act.
3-23           SECTION 6. (a)  The local administrative statutory county
3-24     court judge shall transfer any probate matter that is pending in a
3-25     statutory county court in Collin County on January 1, 2003, to the
3-26     Probate Court No. 1 of Collin County.
3-27           (b)  When a case is transferred as provided by Subsection (a)
 4-1     of this section, all processes, writs, bonds, recognizances, or
 4-2     other obligations issued from the transferring court are returnable
 4-3     to the Probate Court No. 1 of Collin County as if originally issued
 4-4     by that court.  The obligees on all bonds and recognizances taken
 4-5     in and for a court from which a case is transferred, and all
 4-6     witnesses summoned to appear in a court from which a case is
 4-7     transferred, are required to appear before the Probate Court No. 1
 4-8     of Collin County as if originally required to appear before that
 4-9     court.
4-10           SECTION 7. The change in law made by this Act to Section
4-11     25.0452(e), Government Code, does not affect the appointment or
4-12     election of a special judge of a county court at law before the
4-13     effective date of this Act.  The appointment or election of a
4-14     special judge of a county court at law before the effective date of
4-15     the Act is governed by the law in effect on the date of the
4-16     appointment or election, and the former law is continued in effect
4-17     for that purpose.
4-18           SECTION 8. Except as provided by Section 1 of this Act, this
4-19     Act takes effect September 1, 2001.