88R9746 AMF-F
By: Allison H.B. No. 2567
A BILL TO BE ENTITLED
AN ACT
relating to the creation of Probate Court No. 3 of Bexar County,
Texas, and the administration of the statutory probate courts in
Bexar County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.0171(c), Government Code, is amended
to read as follows:
(c) Bexar County also has the following statutory probate
courts:
(1) Probate Court No. 1 of Bexar County, Texas; [and]
(2) Probate Court No. 2 of Bexar County, Texas; and
(3) Probate Court No. 3 of Bexar County, Texas.
SECTION 2. Section 25.0173, Government Code, is amended by
amending Subsections (a) and (o) and adding Subsection (p) to read
as follows:
(a) A statutory probate court in Bexar County has the
general jurisdiction of a probate court as provided by Section
25.0021. Probate Courts Nos. 1, [and] 2, and 3 have eminent domain
jurisdiction and jurisdiction to decide the issue of title to real
or personal property. Notwithstanding the local rules adopted
under Section 74.093, the county clerk shall docket all eminent
domain cases equally among [in] Probate Courts Nos. [Court No.] 1,
[and Probate Court No.] 2, and 3.
(o) Notwithstanding the local rules adopted under Section
74.093, the county clerk shall:
(1) docket all mental health matters in Probate Court
No. 1; and
(2) assign equally among the statutory probate courts
in Bexar County and [shall] docket at random all other matters and
proceedings filed in the statutory probate courts in Bexar County
[even-numbered probate cases in Probate Court No. 2 and all
odd-numbered probate cases in Probate Court No. 1].
(p) Notwithstanding Section 25.0022(h), in the absence,
disqualification, or incapacity of a statutory probate judge in
Bexar County or on the judge's request, the statutory probate
judges in Bexar County may sit and act for each other in any probate
matter or proceeding. A statutory probate judge in Bexar County
may:
(1) hear and determine any matter or proceeding
pending in another statutory probate court in Bexar County; or
(2) enter any order in the matter or proceeding that
the judge of the other statutory probate court in Bexar County may
enter.
SECTION 3. Section 25.0173(j), Government Code, is
repealed.
SECTION 4. The Probate Court No. 3 of Bexar County, Texas,
is created on September 1, 2023.
SECTION 5. Notwithstanding Section 25.0173, Government
Code, as amended by this Act, the county clerk for Bexar County
shall assign to Probate Court No. 3 of Bexar County, Texas,
one-third of all cases pending on the effective date of this Act in
Probate Court No. 1 of Bexar County, Texas, and Probate Court No. 2
of Bexar County, Texas, that were filed before January 1, 2020.
SECTION 6. This Act takes effect September 1, 2023.