AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Interested parties assert that a statutory probate court judge in Collin County should be able to hear any matter pending in a district or county court within Collin County. Such judges have the ability and experience to hear matters pending in those courts.
As proposed, S.B. 1328 amends current law relating to the authority of a statutory probate court in Collin County to hear and determine certain matters pending in a district or statutory county court.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 25.0453, Government Code, by adding Subsection (g), as follows:
(g) Authorizes a statutory probate court judge, notwithstanding Section 74.094 (Hearing Cases), to hear and determine a matter pending in any district or statutory county court in Collin County regardless of whether the matter is preliminary or final or whether there is a judgment in the matter. Authorizes the judge to sign a judgment or order in any of the courts regardless of whether the case is transferred. Provides that the judgment, order, or action is valid and binding as if the case were pending in the court of the judge who acts in the matter. Provides that the authority of this subsection applies to an active judge or a former or retired judge assigned to a statutory probate court.
SECTION 2. Effective date: September 1, 2013.