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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of Probate Court No. 3 of Bexar County, |
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Texas, and the administration of the statutory probate courts in |
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Bexar County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.0171(c), Government Code, is amended |
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to read as follows: |
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(c) Bexar County also has the following statutory probate |
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courts: |
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(1) Probate Court No. 1 of Bexar County, Texas; [and] |
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(2) Probate Court No. 2 of Bexar County, Texas; and |
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(3) Probate Court No. 3 of Bexar County, Texas. |
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SECTION 2. Section 25.0173, Government Code, is amended by |
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amending Subsections (a) and (o) and adding Subsection (p) to read |
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as follows: |
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(a) A statutory probate court in Bexar County has the |
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general jurisdiction of a probate court as provided by Section |
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25.0021. Probate Courts Nos. 1, [and] 2, and 3 have eminent domain |
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jurisdiction and jurisdiction to decide the issue of title to real |
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or personal property. Notwithstanding the local rules adopted |
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under Section 74.093, the county clerk shall docket all eminent |
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domain cases equally among [in] Probate Courts Nos. [Court No.] 1, |
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[and Probate Court No.] 2, and 3. |
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(o) Notwithstanding the local rules adopted under Section |
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74.093, the county clerk shall: |
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(1) docket all mental health matters in Probate Court |
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No. 1; and |
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(2) assign equally among the statutory probate courts |
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in Bexar County and [shall] docket at random all other matters and |
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proceedings filed in the statutory probate courts in Bexar County |
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[even-numbered probate cases in Probate Court No. 2 and all |
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odd-numbered probate cases in Probate Court No. 1]. |
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(p) Notwithstanding Section 25.0022(h), in the absence, |
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disqualification, or incapacity of a statutory probate judge in |
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Bexar County or on the judge's request, the statutory probate |
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judges in Bexar County may sit and act for each other in any probate |
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matter or proceeding. A statutory probate judge in Bexar County |
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may: |
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(1) hear and determine any matter or proceeding |
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pending in another statutory probate court in Bexar County; or |
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(2) enter any order in the matter or proceeding that |
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the judge of the other statutory probate court in Bexar County may |
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enter. |
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SECTION 3. Section 25.0173(j), Government Code, is |
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repealed. |
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SECTION 4. The Probate Court No. 3 of Bexar County, Texas, |
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is created on September 1, 2023. |
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SECTION 5. Notwithstanding Section 25.0173, Government |
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Code, as amended by this Act, the county clerk for Bexar County |
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shall assign to Probate Court No. 3 of Bexar County, Texas, |
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one-third of all cases pending on the effective date of this Act in |
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Probate Court No. 1 of Bexar County, Texas, and Probate Court No. 2 |
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of Bexar County, Texas, that were filed before January 1, 2020. |
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SECTION 6. This Act takes effect September 1, 2023. |