BILL ANALYSIS |
C.S.H.B. 1744 |
By: Murr |
Judiciary & Civil Jurisprudence |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties suggest that the cost of some probate cases can be an unreasonable burden on some counties. C.S.H.B. 1744 seeks to provide for the payment of certain costs associated with certain assignments of a statutory probate court judge.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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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.
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ANALYSIS
C.S.H.B. 1744 amends the Estates Code to authorize a court, if a party to a probate proceeding in a county with no statutory probate or statutory county court exercising original probate jurisdiction files a granted motion for the assignment of a statutory probate court judge to hear a contested matter in the proceeding and on the court's own motion or on the motion of the party who filed the motion for assignment, to order that a county be reimbursed out of the estate for any amounts the county paid as compensation and expenses under statutory provisions relating to the administration of statutory probate courts.
C.S.H.B. 1744 amends the Government Code to authorize a statutory probate court judge so assigned to order that the county be reimbursed as an expense from the estate in accordance with the bill's provisions for any amounts the county paid as compensation and expenses arising under such statutory provisions. The bill requires, in the case that an assigned statutory probate court judge does not order such reimbursement, the party who requested the assignment to reimburse the county for the amounts paid by the county as compensation and expenses under such statutory provisions and, if more than one party to a proceeding filed the motion for the assignment of the statutory probate court judge, requires the statutory probate court judge to prescribe the amounts or manner of apportionment to the presiding judge of the statutory probate courts. The bill requires the presiding judge to certify to the county judge in the county in which the assigned judge served, if applicable, a determination of the amounts to be so apportioned to a party or between two or more parties together with the contact information of the party or parties, if applicable. The bill requires the county in which the assigned judge served, if applicable, to seek reimbursement from one or more parties of the amounts apportioned to a party or between the parties.
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EFFECTIVE DATE
September 1, 2017.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 1744 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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