Texas 2023 - 88th Regular

Texas House Bill HB1436 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R6053 AMF-D
2	2	By: Metcalf H.B. No. 1436
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the redesignation of County Court at Law No. 2 of
8	8	Montgomery County as Probate Court No. 1 of Montgomery County, the
9	9	jurisdiction and authority of statutory probate courts in
10	10	Montgomery County, and the composition of the Montgomery County
11	11	Juvenile Board.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 25.1721, Government Code, is amended to
14	14	read as follows:
15	15	Sec. 25.1721. MONTGOMERY COUNTY. (a) Montgomery County
16	16	has the following statutory county courts:
17	17	(1) County Court at Law No. 1 of Montgomery County;
18	18	(2) [County Court at Law No. 2 of Montgomery County;
19	19	[(3)] County Court at Law No. 3 of Montgomery County;
20	20	(3) [(4)] County Court at Law No. 4 of Montgomery
21	21	County;
22	22	(4) [(5)] County Court at Law No. 5 of Montgomery
23	23	County; and
24	24	(5) [(6)] County Court at Law No. 6 of Montgomery
25	25	County.
26	26	(b) Montgomery County has one statutory probate court, the
27	27	Probate Court No. 1 of Montgomery County.
28	28	SECTION 2. Subchapter C, Chapter 25, Government Code, is
29	29	amended by adding Section 25.1723 to read as follows:
30	30	Sec. 25.1723. MONTGOMERY COUNTY PROBATE COURT PROVISIONS.
31	31	(a) In this section, "remote proceeding" means a proceeding before
32	32	a court in which one or more of the participants, including a judge,
33	33	party, attorney, witness, court reporter, or other individual,
34	34	attends the proceeding remotely through the use of technology and
35	35	the Internet, including through teleconferencing or
36	36	videoconferencing.
37	37	(b) A statutory probate court of Montgomery County has
38	38	concurrent jurisdiction with the district court, regardless of the
39	39	amount in controversy or the relief sought, in:
40	40	(1) disputes relating to the creation of a
41	41	constructive trust;
42	42	(2) declaratory judgment actions;
43	43	(3) actions in which the only relief sought is a writ
44	44	of injunction; and
45	45	(4) actions to appoint a receiver under any law,
46	46	including Section 11.402, Business Organizations Code.
47	47	(c) A statutory probate court of Montgomery County has
48	48	eminent domain jurisdiction, including the jurisdiction provided
49	49	to a district court under Sections 21.002 and 21.003, Property
50	50	Code, regardless of the amount in controversy or the remedy sought.
51	51	All eminent domain actions, cases, matters, or proceedings arising
52	52	under Chapter 21, Property Code, or under Section 251.101,
53	53	Transportation Code, shall be filed and docketed in a statutory
54	54	probate court.
55	55	(d) A statutory probate court of Montgomery County may
56	56	conduct docket matters at any location in the county as the
57	57	statutory probate court judge considers necessary for the
58	58	protection of wards or mental health respondents or as otherwise
59	59	provided by law.
60	60	(e) A statutory probate court of Montgomery County may:
61	61	(1) conduct a hearing or other proceeding as a remote
62	62	proceeding without the consent of the parties unless the United
63	63	States Constitution or Texas Constitution requires consent; and
64	64	(2) allow or require a party, attorney, witness, court
65	65	reporter, or any other individual to participate in a remote
66	66	proceeding, including a deposition, hearing, or other proceeding
67	67	under this title.
68	68	(f) A judge of a statutory probate court in Montgomery
69	69	County and a judge of a district court or statutory county court in
70	70	Montgomery County may exchange benches and may sit and act for each
71	71	other in any matter pending before the court.
72	72	(g) The county clerk of Montgomery County serves as clerk of
73	73	a statutory probate court.
74	74	(h) A statutory probate court of Montgomery County may
75	75	appoint as a court investigator an employee of the court or another
76	76	department in the county to comply with Section 25.0025.
77	77	(i) In addition to the uses authorized by Section 135.159,
78	78	Local Government Code, Montgomery County may use the fees collected
79	79	under Section 135.102, Local Government Code, and deposited into
80	80	the judicial education and support fund to provide staff for the
81	81	statutory probate courts and for court-related purposes for the
82	82	support of the statutory probate courts.
83	83	SECTION 3. Section 152.1761(a), Human Resources Code, is
84	84	amended to read as follows:
85	85	(a) The juvenile board of Montgomery County is composed of
86	86	the county judge, the district judges in Montgomery County, the
87	87	judge of each statutory probate court, and the judge of each county
88	88	court at law.
89	89	SECTION 4. (a) The County Court at Law No. 2 of Montgomery
90	90	County is redesignated as the Probate Court No. 1 of Montgomery
91	91	County.
92	92	(b) The judge of the County Court at Law No. 2 of Montgomery
93	93	County is the judge of the Probate Court No. 1 of Montgomery County.
94	94	Unless otherwise removed, the judge serves until December 31, 2026,
95	95	and until the judge's successor is elected and has qualified. In
96	96	the 2026 general election and every four years following that
97	97	election, the qualified voters of the county shall elect a judge of
98	98	the Probate Court No. 1 of Montgomery County for a regular term of
99	99	four years.
100	100	SECTION 5. (a) The judge of the County Court at Law No. 2 of
101	101	Montgomery County shall transfer all active cases over which the
102	102	court loses jurisdiction under this Act and that are pending in the
103	103	court on October 1, 2023, to a district court, county court at law,
104	104	or county court in the county with jurisdiction over the case.
105	105	(b) The local administrative statutory county court judge
106	106	shall transfer any active probate matter that is pending in a
107	107	statutory county court in Montgomery County on October 1, 2023, to
108	108	Probate Court No. 1 of Montgomery County.
109	109	(c) When a case is transferred as provided by Subsection (a)
110	110	or (b) of this section, all processes, writs, bonds, recognizances,
111	111	or other obligations issued from the transferring court are
112	112	returnable to the court to which the case is transferred as if
113	113	originally issued by that court. The obligees on all bonds and
114	114	recognizances taken in and for a court from which a case is
115	115	transferred, and all witnesses summoned to appear in a court from
116	116	which a case is transferred, are required to appear before the court
117	117	to which a case is transferred as if originally required to appear
118	118	before that court.
119	119	SECTION 6. This Act takes effect October 1, 2023.