88(R) HB 1436 - Introduced version - Bill Text
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A BILL TO BE ENTITLED
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AN ACT
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relating to the redesignation of County Court at Law No. 2 of |
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Montgomery County as Probate Court No. 1 of Montgomery County, the |
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jurisdiction and authority of statutory probate courts in |
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Montgomery County, and the composition of the Montgomery County |
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Juvenile Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.1721, Government Code, is amended to |
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read as follows: |
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Sec. 25.1721. MONTGOMERY COUNTY. (a) Montgomery County |
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has the following statutory county courts: |
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(1) County Court at Law No. 1 of Montgomery County; |
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(2) [County Court at Law No. 2 of Montgomery County; |
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[(3)] County Court at Law No. 3 of Montgomery County; |
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(3) [(4)] County Court at Law No. 4 of Montgomery |
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County; |
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(4) [(5)] County Court at Law No. 5 of Montgomery |
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County; and |
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(5) [(6)] County Court at Law No. 6 of Montgomery |
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County. |
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(b) Montgomery County has one statutory probate court, the |
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Probate Court No. 1 of Montgomery County. |
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SECTION 2. Subchapter C, Chapter 25, Government Code, is |
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amended by adding Section 25.1723 to read as follows: |
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Sec. 25.1723. MONTGOMERY COUNTY PROBATE COURT PROVISIONS. |
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(a) In this section, "remote proceeding" means a proceeding before |
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a court in which one or more of the participants, including a judge, |
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party, attorney, witness, court reporter, or other individual, |
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attends the proceeding remotely through the use of technology and |
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the Internet, including through teleconferencing or |
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videoconferencing. |
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(b) A statutory probate court of Montgomery County has |
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concurrent jurisdiction with the district court, regardless of the |
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amount in controversy or the relief sought, in: |
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(1) disputes relating to the creation of a |
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constructive trust; |
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(2) declaratory judgment actions; |
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(3) actions in which the only relief sought is a writ |
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of injunction; and |
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(4) actions to appoint a receiver under any law, |
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including Section 11.402, Business Organizations Code. |
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(c) A statutory probate court of Montgomery County has |
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eminent domain jurisdiction, including the jurisdiction provided |
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to a district court under Sections 21.002 and 21.003, Property |
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Code, regardless of the amount in controversy or the remedy sought. |
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All eminent domain actions, cases, matters, or proceedings arising |
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under Chapter 21, Property Code, or under Section 251.101, |
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Transportation Code, shall be filed and docketed in a statutory |
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probate court. |
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(d) A statutory probate court of Montgomery County may |
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conduct docket matters at any location in the county as the |
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statutory probate court judge considers necessary for the |
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protection of wards or mental health respondents or as otherwise |
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provided by law. |
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(e) A statutory probate court of Montgomery County may: |
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(1) conduct a hearing or other proceeding as a remote |
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proceeding without the consent of the parties unless the United |
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States Constitution or Texas Constitution requires consent; and |
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(2) allow or require a party, attorney, witness, court |
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reporter, or any other individual to participate in a remote |
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proceeding, including a deposition, hearing, or other proceeding |
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under this title. |
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(f) A judge of a statutory probate court in Montgomery |
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County and a judge of a district court or statutory county court in |
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Montgomery County may exchange benches and may sit and act for each |
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other in any matter pending before the court. |
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Statutes affected:
Introduced: Government Code 25.1721 (Government Code 25)
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