| 1 | 1 | | 88R1474 KFF-D |
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| 2 | 2 | | By: Murr H.B. No. 251 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the payment of certain costs associated with certain |
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| 8 | 8 | | assignments of a statutory probate court judge. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 352, Estates Code, is |
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| 11 | 11 | | amended by adding Section 352.054 to read as follows: |
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| 12 | 12 | | Sec. 352.054. REIMBURSEMENT FOR CERTAIN COSTS FOR ASSIGNED |
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| 13 | 13 | | JUDGE. A statutory probate court judge assigned to hear a contested |
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| 14 | 14 | | matter on the motion under Section 32.003 of a party to the |
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| 15 | 15 | | proceeding may order the estate to reimburse a county for any |
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| 16 | 16 | | amounts the county paid as compensation and expenses in accordance |
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| 17 | 17 | | with Section 25.0022(o-1), Government Code. |
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| 18 | 18 | | SECTION 2. Section 25.0022, Government Code, is amended by |
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| 19 | 19 | | adding Subsection (o-1) and amending Subsection (p) to read as |
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| 20 | 20 | | follows: |
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| 21 | 21 | | (o-1) If a party to a probate proceeding files a motion for |
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| 22 | 22 | | the assignment of a statutory probate court judge to hear a |
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| 23 | 23 | | contested matter in the proceeding under Section 32.003, Estates |
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| 24 | 24 | | Code, and the motion is granted, the assigned statutory probate |
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| 25 | 25 | | court judge shall: |
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| 26 | 26 | | (1) to the extent possible, order that the county be |
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| 27 | 27 | | reimbursed for any amounts the county paid as compensation and |
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| 28 | 28 | | expenses under Subsections (o) and (p) from the estate under |
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| 29 | 29 | | Section 352.054, Estates Code, and from the parties to the |
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| 30 | 30 | | proceeding; and |
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| 31 | 31 | | (2) prescribe the amount and manner by which the |
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| 32 | 32 | | compensation and expenses described by Subdivision (1) are to be |
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| 33 | 33 | | equitably apportioned among the estate and parties, as applicable. |
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| 34 | 34 | | (p) In addition to all compensation and expenses authorized |
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| 35 | 35 | | by this section and other law, a judge who is assigned to a court |
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| 36 | 36 | | outside the county of the judge's residence is entitled to receive |
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| 37 | 37 | | $25 for each day or fraction of a day served. Subject to Subsection |
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| 38 | 38 | | (o-1), the [The] county in which the judge served shall pay the |
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| 39 | 39 | | additional compensation from the county's general fund on |
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| 40 | 40 | | certification by the presiding judge. |
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| 41 | 41 | | SECTION 3. Section 25.0022, Government Code, as amended by |
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| 42 | 42 | | this Act, applies only to a motion for the assignment of a statutory |
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| 43 | 43 | | probate court judge under Section 32.003, Estates Code, that is |
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| 44 | 44 | | filed on or after the effective date of this Act. A motion filed |
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| 45 | 45 | | before the effective date of this Act is governed by the law in |
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| 46 | 46 | | effect on the date the motion was filed, and the former law is |
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| 47 | 47 | | continued in effect for that purpose. |
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| 48 | 48 | | SECTION 4. This Act takes effect September 1, 2023. |
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