89R788 KFF-D
By: Perry S.B. No. 302
A BILL TO BE ENTITLED
AN ACT
relating to the payment of certain costs associated with certain
assignments of a statutory probate court judge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 352, Estates Code, is
amended by adding Section 352.054 to read as follows:
Sec. 352.054. REIMBURSEMENT FOR CERTAIN COSTS FOR ASSIGNED
JUDGE. A statutory probate court judge assigned to hear a contested
matter on the motion under Section 32.003 of a party to the
proceeding shall, to the extent possible, order the estate to
reimburse a county for any amounts the county paid as compensation
and expenses in accordance with Section 25.0022(o-1), Government
Code.
SECTION 2. Section 25.0022, Government Code, is amended by
adding Subsection (o-1) and amending Subsection (p) to read as
follows:
(o-1) If a party to a probate proceeding files a motion for
the assignment of a statutory probate court judge to hear a
contested matter in the proceeding under Section 32.003, Estates
Code, and the motion is granted, the assigned statutory probate
court judge shall:
(1) to the extent possible, order that the county be
reimbursed for any amounts the county paid as compensation and
expenses under Subsections (o) and (p) from the estate under
Section 352.054, Estates Code, and from the parties to the
proceeding; and
(2) prescribe the amount and manner by which the
compensation and expenses described by Subdivision (1) are to be
equitably apportioned among the estate and parties, as applicable.
(p) In addition to all compensation and expenses authorized
by this section and other law, a judge who is assigned to a court
outside the county of the judge's residence is entitled to receive
$25 for each day or fraction of a day served. Subject to Subsection
(o-1), the [The] county in which the judge served shall pay the
additional compensation from the county's general fund on
certification by the presiding judge.
SECTION 3. Section 25.0022, Government Code, as amended by
this Act, applies only to a motion for the assignment of a statutory
probate court judge under Section 32.003, Estates Code, that is
filed on or after the effective date of this Act. A motion filed
before the effective date of this Act is governed by the law in
effect on the date the motion was filed, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.