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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment of certain costs associated with certain |
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assignments of a statutory probate court judge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 352, Estates Code, is |
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amended by adding Section 352.054 to read as follows: |
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Sec. 352.054. REIMBURSEMENT FOR CERTAIN COSTS FOR ASSIGNED |
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JUDGE. A statutory probate court judge assigned to hear a contested |
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matter on the motion under Section 32.003 of a party to the |
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proceeding may order the estate to reimburse a county for any |
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amounts the county paid as compensation and expenses in accordance |
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with Section 25.0022(o-1), Government Code. |
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SECTION 2. Section 25.0022, Government Code, is amended by |
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adding Subsection (o-1) and amending Subsection (p) to read as |
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follows: |
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(o-1) If a party to a probate proceeding files a motion for |
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the assignment of a statutory probate court judge to hear a |
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contested matter in the proceeding under Section 32.003, Estates |
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Code, and the motion is granted, the assigned statutory probate |
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court judge shall: |
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(1) to the extent possible, order that the county be |
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reimbursed for any amounts the county paid as compensation and |
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expenses under Subsections (o) and (p) from the estate under |
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Section 352.054, Estates Code, and from the parties to the |
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proceeding; and |
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(2) prescribe the amount and manner by which the |
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compensation and expenses described by Subdivision (1) are to be |
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equitably apportioned among the estate and parties, as applicable. |
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(p) In addition to all compensation and expenses authorized |
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by this section and other law, a judge who is assigned to a court |
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outside the county of the judge's residence is entitled to receive |
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$25 for each day or fraction of a day served. Subject to Subsection |
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(o-1), the [The] county in which the judge served shall pay the |
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additional compensation from the county's general fund on |
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certification by the presiding judge. |
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SECTION 3. Section 25.0022, Government Code, as amended by |
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this Act, applies only to a motion for the assignment of a statutory |
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probate court judge under Section 32.003, Estates Code, that is |
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filed on or after the effective date of this Act. A motion filed |
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before the effective date of this Act is governed by the law in |
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effect on the date the motion was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |