BILL ANALYSIS

 

 

                                                                                                                                    C.S.H.B. 3460

                                                                                                                                          By: Paxton

                                                                                                                                              Judiciary

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

The local statutory county courts in   Collin County desire statutory authority to request another judge to hear cases for them. The purpose of this bill is to provide such authority.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

The bill would amend the Government Code to permit a statutory county court judge in Collin County on request to sit for a statutory probate court judge in the county. This would result in a judge of a court without specialized probate jurisdiction potentially sitting in a probate court, but the act limits the types of matters which may be heard by the substitute judge to uncontested matters.

 

EFFECTIVE DATE

 

Immediately on receipt of required vote; otherwise September 1, 2007.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The substitute changes the original bill by inserting the limitation that the judge serving at the request of a statutory probate judge may hear only uncontested matters.