H.B. No. 1152

DEFINITION OF A STATUTORY PROBATE COURT

Effective September 1, 1997

AN ACT

relating to the definition of statutory probate court.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1.  Section 3(ii), Texas Probate Code, is amended to read as follows:

(ii)  "Statutory probate court" means a [refers to any] statutory court designated as a statutory[presently in existence or created after the passage of this Act, the jurisdiction of which is limited by statute to the general jurisdiction of a] probate court under Chapter 25, Government Code. A county court[, and such courts whose statutorily designated name contains the word "probate." County courts] at law exercising probate jurisdiction is [are] not a statutory probate court[courts] under this Code unless the court is designated a statutory probate court under Chapter 25, Government Code. [their statutorily designated name includes the word "probate."]

SECTION 2.  Section 601(29), Texas Probate Code, is amended to read as follows:

(29)  "Statutory probate court" means a statutory court designated as a statutory[whose jurisdiction is limited by statute to the general jurisdiction of a] probate court under Chapter 25, Government Code. A county court [and a court whose statutorily designated name contains the word "probate." County courts] at law exercising probate jurisdiction is [are] not a statutory probate court [courts] under this chapter unless the court is designated a statutory probate court under Chapter 25, Government Code. [statutorily designated name of the county courts at law includes the word "probate."]

SECTION 3.  This Act takes effect September 1, 1997.

SECTION 4.  The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.


Courtesy of Glenn M. Karisch, Ikard & Golden, P. C., Austin, Texas. This page was last revised on May 8, 1997.