| 1 | 1 | | 89R4200 AMF-F |
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| 2 | 2 | | By: Zaffirini S.B. No. 1015 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to excess contributions and fees allocated to statutory |
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| 10 | 10 | | probate courts. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 25.00212, Government Code, is amended by |
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| 13 | 13 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | (a) At the end of each state fiscal year, the comptroller |
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| 16 | 16 | | shall determine: |
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| 17 | 17 | | (1) the amounts deposited in the judicial fund under |
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| 18 | 18 | | Section 133.151(c)(1), Local Government Code, from fees remitted by |
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| 19 | 19 | | statutory probate courts under Section 133.151(a)(1), Local |
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| 20 | 20 | | Government Code; and |
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| 21 | 21 | | (2) the sum of the amount paid under Section |
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| 22 | 22 | | 25.0022(e) and the total amounts paid to the counties under Section |
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| 23 | 23 | | 25.00211. |
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| 24 | 24 | | (a-1) If the comptroller determines the total amount |
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| 25 | 25 | | deposited in the judicial fund by statutory probate courts in all |
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| 26 | 26 | | counties as calculated under Subsection (a)(1) exceeds the sum |
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| 27 | 27 | | calculated under Subsection (a)(2) [that sum], the comptroller |
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| 28 | 28 | | [state] shall remit the excess proportionately to each county that |
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| 29 | 29 | | contributed [deposited] a greater amount to [in] the judicial fund |
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| 30 | 30 | | from fees collected by a statutory probate court than the amount the |
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| 31 | 31 | | county was paid under Section 25.00211, as adjusted in an equitable |
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| 32 | 32 | | manner to reflect the differences in the total amounts paid to the |
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| 33 | 33 | | counties under Section 25.00211. |
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| 34 | 34 | | SECTION 2. Section 25.0022(f), Government Code, is amended |
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| 35 | 35 | | to read as follows: |
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| 36 | 36 | | (f) Each county pays annually to the presiding judge, from |
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| 37 | 37 | | fees allocated to the judicial education and support fund under |
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| 38 | 38 | | [collected pursuant to] Section 135.102 [118.052(2)(A)(vi)], Local |
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| 39 | 39 | | Government Code, the amount of the salary apportioned [to it] as |
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| 40 | 40 | | provided by this section and the other expenses authorized by this |
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| 41 | 41 | | section. The presiding judge shall place each county's payment of |
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| 42 | 42 | | salary and other expenses in an administrative fund, from which the |
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| 43 | 43 | | salary and other expenses are paid. The salary shall be paid in |
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| 44 | 44 | | equal monthly installments. |
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| 45 | 45 | | SECTION 3. The changes in law made by this Act to Section |
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| 46 | 46 | | 25.00212, Government Code, apply only to amounts deposited in the |
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| 47 | 47 | | judicial fund under Section 133.151(c)(1), Local Government Code, |
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| 48 | 48 | | from fees collected by a statutory probate court on or after the |
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| 49 | 49 | | effective date of this Act. Amounts deposited in the judicial fund |
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| 50 | 50 | | under Section 133.151(c)(1), Local Government Code, from fees |
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| 51 | 51 | | collected by a statutory probate court before the effective date of |
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| 52 | 52 | | this Act are governed by the law in effect when the fees were |
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| 53 | 53 | | collected, and the former law is continued in effect for that |
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| 54 | 54 | | purpose. |
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| 55 | 55 | | SECTION 4. This Act takes effect September 1, 2025. |
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