1-1 By: Shapiro S.B. No. 194
1-2 (In the Senate - Filed January 5, 2001; January 11, 2001,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; January 31, 2001, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; January 31, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the creation, jurisdiction, and administration of the
1-9 Probate Court No. 1 of Collin County and to the administration of
1-10 the county courts at law of Collin County.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Effective January 1, 2003, Section 25.0451,
1-13 Government Code, is amended to read as follows:
1-14 Sec. 25.0451. COLLIN COUNTY. (a) Collin County has the
1-15 following statutory county courts:
1-16 (1) County Court at Law No. 1 of Collin County;
1-17 (2) County Court at Law No. 2 of Collin County;
1-18 (3) County Court at Law No. 3 of Collin County;
1-19 (4) County Court at Law No. 4 of Collin County; and
1-20 (5) County Court at Law No. 5 of Collin County.
1-21 (b) Collin County has one statutory probate court, the
1-22 Probate Court No. 1 of Collin County.
1-23 SECTION 2. Section 25.0452, Government Code, is amended to
1-24 read as follows:
1-25 Sec. 25.0452. COLLIN COUNTY COURT AT LAW PROVISIONS. (a)
1-26 [(c)] The salary of a judge of a county court at law shall be paid
1-27 out of the county treasury on orders of the commissioners court.
1-28 (b) [(d)] The judge of a county court at law shall
1-29 diligently discharge the duties of the judge's [his] office on a
1-30 full-time basis and may not engage in the private practice of law.
1-31 (c) [(e) A special judge of a county court at law may be
1-32 appointed or elected in the manner provided by law for the
1-33 appointment or election of a special county judge. A special judge
1-34 must have the same qualifications and is entitled to the same rate
1-35 of compensation as the regular judge.]
1-36 [(f)] Practice in the county courts at law is that
1-37 prescribed by law for county courts.
1-38 (d) [(g)] The laws governing the drawing, selection,
1-39 service, and pay of jurors for county courts apply to the county
1-40 courts at law.
1-41 [(h) A person sitting in the capacity of a judge in County
1-42 Court at Law No. 4 of Collin County may not sit as an assigned
1-43 judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson,
1-44 Lubbock, Midland, Tarrant, or Travis County.]
1-45 SECTION 3. Subchapter C, Chapter 25, Government Code, is
1-46 amended by adding Section 25.0453 to read as follows:
1-47 Sec. 25.0453. COLLIN COUNTY STATUTORY PROBATE COURT
1-48 PROVISIONS. (a) The judge of a statutory probate court in Collin
1-49 County must:
1-50 (1) be at least 25 years of age;
1-51 (2) have resided in the county for at least two years
1-52 preceding the date of election or appointment;
1-53 (3) be licensed to practice law in this state; and
1-54 (4) have practiced law or served as a judge in this
1-55 state, or both combined, for the five years preceding the date of
1-56 election or appointment.
1-57 (b) The salary of a judge of a statutory probate court shall
1-58 be paid out of the county treasury on orders of the commissioners
1-59 court.
1-60 (c) The judge of a statutory probate court shall diligently
1-61 discharge the duties of the judge's office on a full-time basis and
1-62 may not engage in the private practice of law.
1-63 (d) Practice for a statutory probate court is that
1-64 prescribed by law for county courts.
2-1 (e) The laws governing the drawing, selection, service, and
2-2 pay of jurors for county courts apply to a statutory probate court.
2-3 (f) A statutory probate court has the general jurisdiction
2-4 of a probate court as provided by Section 25.0021.
2-5 SECTION 4. (a) The Probate Court No. 1 of Collin County is
2-6 created January 1, 2003.
2-7 (b) The initial vacancy in the office of judge of the
2-8 Probate Court No. 1 of Collin County shall be filled by election.
2-9 The office exists for purposes of the primary and general elections
2-10 in 2002. A vacancy after the initial vacancy is filled as provided
2-11 by Section 25.0009, Government Code.
2-12 SECTION 5. Except as provided by Subsection (b), Section 4
2-13 of this Act, for purposes of Section 201.027, Election Code, the
2-14 effective date of the Act creating the office of judge of the
2-15 Probate Court No. 1 of Collin County is the effective date of the
2-16 Government Code section establishing the court under this Act.
2-17 SECTION 6. (a) The local administrative statutory county
2-18 court judge shall transfer any probate matter that is pending in a
2-19 statutory county court in Collin County on January 1, 2003, to the
2-20 Probate Court No. 1 of Collin County.
2-21 (b) When a case is transferred as provided by Subsection (a)
2-22 of this section, all processes, writs, bonds, recognizances, or
2-23 other obligations issued from the transferring court are returnable
2-24 to the Probate Court No. 1 of Collin County as if originally issued
2-25 by that court. The obligees on all bonds and recognizances taken
2-26 in and for a court from which a case is transferred, and all
2-27 witnesses summoned to appear in a court from which a case is
2-28 transferred, are required to appear before the Probate Court No. 1
2-29 of Collin County as if originally required to appear before that
2-30 court.
2-31 SECTION 7. The change in law made by this Act to Subsection
2-32 (e), Section 25.0452, Government Code, does not affect the
2-33 appointment or election of a special judge of a county court at law
2-34 before the effective date of this Act. The appointment or election
2-35 of a special judge of a county court at law before the effective
2-36 date of this Act is governed by the law in effect on the date of
2-37 the appointment or election, and the former law is continued in
2-38 effect for that purpose.
2-39 SECTION 8. Except as provided by Section 1 of this Act, this
2-40 Act takes effect September 1, 2001.
2-41 * * * * *