bill making probate litigants repay the county for judges

The text as introduced · 406 words

90R677 KFF-F

By: Perry
S.B. No. 269

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 and equitable, order that

a county be reimbursed 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 and equitable, order that

the county be reimbursed for any amounts the county paid as

compensation and expenses in accordance with Section 352.054,

Estates Code; and

(2) prescribe the amount and manner by which the

compensation and expenses described by Subdivision (1) are to be

equitably apportioned, as applicable, among the estate and parties.

(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, 2027.