ATTORNEY GENERAL OF TEXAS 

GREG ABBOTT 

September 24,2003 

The Honorable Mike Stafford 

Harris County Attorney 

1019 Congress, 15th floor 

Houston, Texas 77002-l 700 

Opinion No. GA-01 05 

Re: Authority of the presiding judge of the 

statutory probate courts to adopt statewide local 

rules of administration for the statutory probate 

courts (RQ-002%GA) 

Dear Mr. Stafford: 

You ask about the authority of the presiding judge of the statutory probate courts to adopt 

statewide local rules of administration for the statutory probate courts.* 

Chapter 25 of the Government Code prescribes the jurisdiction, powers, and duties of the 

statutory county courts. See TEX. GOV’T CODE ANN. $0 25.0003 (jurisdiction); 25.0004 (powers, 

duties, immunities, and privileges) (Vernon Supp. 2003). Subchapter B of chapter 25 addresses 

statutory probate courts, a special category of statutory county courts. The term “statutory probate 

court” is defined as “a statutory court designated as a statutory probate court under Chapter 25, 

Government Code.” TEX. PROB. CODE ANN. 5 3(ii) (Vernon 2003). Section 25.0021(b) of the 

Government Code provides: 

A statutory probate court as that term is defined in Section 3(ii), Texas Probate Code, 

has: 

(1) the general jurisdiction of a probate court as provided by 

the Texas Probate Code; and 

(2) the jurisdiction provided by law for a county court to hear 

and determine actions, cases, matters, or proceedings instituted under: 

(A) Section 166.046, 192.027, 193.007, 

552.015, 552.019, 711.004, or 714.003, Health and 

Safety Code; 

‘See Letter fromHonorable Mike Stafford, Harris County Attorney, to Honorable Greg Abbott, Texas Attorney 

General (Mar. 12, 2003) (on file with Opinion Committee) [hereinafter Request Letter]. 
The Honorable Mike Stafford - Page 2 (GA-0105) 

(B) Chapter 462, Health and Safety Code; or 

(C) Subtitle C or D, Title 7, Health and Safety 

Code. 

TEX. GOV’T CODE ANN. 5 25.0021(b) (Vernon Supp. 2003). 

Section 25.0022(b) of the Government Code directs “[tlhe judges of the statutory probate 

courts” to “elect from their number a presiding judge of the statutory probate courts.” Id. 

5 25.0022(b). “The presiding judge serves a four-year term from the date of qualification as 

the presiding judge.” Id. Subsection (c) authorizes “[tlhe presiding judge” to “perform the acts 

necessary to carry out this section and to improve the management of the statutory probate courts and 

the administration of justice.” Id. 8 25.0022(c). Subsection (d) prescribes eight duties of the 

presiding judge. The two most relevant to the present inquiry are the following: 

(1) ensure the promulgation of local rules of administration in 

accordance with policies and guidelines set by the supreme court; 

(3) perform a duty of a local administrative statutory probate 

court judge if the local administrative judge does not perform that 

duty; 

Id. 8 25.0022(d)(l), (3). 

Subsections (c) and (d) were adopted by the Seventy-seventh Texas Legislature, with an 

effective date of September 1,200l. See Act of May 28,2001,77th Leg., R.S., ch. 820,200l Tex. 

Gen. Laws 1606, 1607. On September 4, 2001, the Honorable Guy Herman, at that time the 

presiding judge of the statutory probate courts, issued Administrative Order 2001-l 1. See 

Administrative Order 200 1- 11 (“Exhibit A,” attached to Request Letter, supra note 1). That order 

adopted four “rules of administration” to “govern the operation of the statutory probate courts of 

Texas, effective October 1,200l.” Id. at 1. Rule 1 provides that “[elach county that has a statutory 

probate court shall have a local administrative statutory probate court judge.” Id. Rule 2 prescribes 

the duties of the local administrative statutory probate court judge. See id. at l-2.* 

as local 

*A local administrative statutory probate 

administrative judge, shall: 

court judge, for the statutory probate courts for which the judge serves 

(1) implement and execute the local rules of administration, 

assignment, docketing, transfer, and hearing of cases; 

including the 

(2) promulgate local rules of administration 

court judges do not act by a majority vote; 

if the other statutory probate 

(continued.. .) 
The Honorable Mike Stafford - Page 3 (GA-0105) 

Rule 3 directs that “[tlhe statutory probate court judges in each county shall, by majority vote, 

adopt local rules of administration.” Id. at 2. Rule 3 also requires that “[tlhe rules must provide for: 

(1) the assignment, docketing, transfer, and hearing of all cases, subject to jurisdictional limitations 

of the statutory probate courts and local statutes governing the filing of cases and proceedings; and 

(2) fair and equitable division of caseloads taking into consideration local statutes governing same.” 

Id. In addition, “[tlhe rules may: (1) designate courts responsible for certain matters; (2) provide 

for judicial vacation, sick leave, attendance at educational programs, and similar matters; and 

(3) provide for any other matter necessary to carry out these rules or to improve the administration 

and management of the court system and its auxiliary services.” Id. Finally, Rule 3 declares that, 

“[wlhen a case is transferred from one court to another as provided by this section, all processes, 

writs, bonds, recognizances, or other obligations issued from the transferring court are returnable to 

the court to which the case is transferred as if originally issued by that court.” Id. Rule 4 prescribes 

a number of mandatory and permissive rules regarding the filing and hearing of cases. See id. at 2-3. 

You ask whether the presiding judge of the statutory probate courts was authorized to promulgate 

these rules. 

Subsection (c) of section 25.0022 of the Government Code authorizes the presiding judge 

to “perform the acts necessary to carry out this section and to improve the management of the 

statutory probate courts and the administration of justice.” TEX. GOV’T CODE ANN. fj 25.0022(c) 

(Vernon Supp. 2003). Subdivisions (1) and (3) of subsection (d), in turn, require the presiding judge 

of the statutory probate courts to “ensure the promulgation of local rules of administration,” and to 

“perform a duty of a local administrative statutory probate court judge if the local administrative 

judge does not perform that duty.” Id. § 25.0022(d)(l), (3). 

*(. ..continued) 

(3) recommend to the Presiding Judge any needs for assignment from 

outside the county to dispose of court caseloads; 

(4) supervise the expeditious movement of court caseloads, subject to 

local, regional, and state rules of administration; 

(5) provide to the office of court administration 

requested statistical and management information; 

or the Presiding Judge any 

if any, 

courts 

(6) set the hours and places for holding court in the county; 

(7) supervise the employment and performance of nonjudicial 

that are employed to assist in local administration; 

personnel, 

(8) supervise the budget and fiscal matters of the local statutory 

if there is a uniform statutory probate court budget process; 

probate 

(9) coordinate and cooperate with any other local administrative court 

judge in the county in the assignment of cases in the courts’ concurrent jurisdiction 

for the efficient operation of the court system and the effective administration of 

justice; and 

(10) perform other duties as may be directed by the Presiding Judge. 

Administrative Order 2001-l 1, at l-2 (“Exhibit A,” attached to Request Letter, supra note 1). 
The Honorable Mike Stafford - Page 4 (GA-0105) 

We must presume that the legislature does not enact meaningless provisions and that 

subsections (c), (d)(l), and (d)(3) of section 25.0022 have an ascertainable and definite meaning. 

See Liberty i&t. Ins. Co. v. Garrison Contractors, Inc., 966 S.W.2d 482,485 (Tex. 1998) (“[Wle 

do not lightly presume that the Legislature may have done a useless act.“); Barr v. Bernhard, 

562 S.W.2d 844,849 (Tex. 1978) (“[IIt is well established that every word in a statute is presumed 

to have been used for a purpose and that the Legislature did not intend to do a useless thing by 

putting a meaningless provision in a statute.“) (citations omitted). See also TEX. GOV’T CODE ANN. 

5 3 11.021 (Vernon 1998) (“[I] n enacting a statute, it is presumed that,” inter alia, “a result feasible 

of execution is intended.“). 

In the situation in question, the presiding judge of the statutory probate courts, in the absence 

of statutory provisions authorizing probate courts to adopt local rules of administration, and 

provisions that create the position of local administrative statutory probate court judge, has attempted 

to fulfill the statutory mandate of subsection (c) and subdivisions (1) and (3) of subsection (d) of 

section 25.0022 of the Government Code by himself promulgating local rules of administration. No 

statute prohibits his doing so. Moreover, the four referenced rules fall within a strict reading of the 

broad language of subsections (c), d(l), and d(3). By promulgating these four rules, the presiding 

judge has “ensur[ed] the promulgation of local rules of administration”; he has “perform[ed] a duty 

of a local administrative statutory probate court judge”; and most significantly, he has “perform[ed] 

the acts necessary to carry out this section and to improve the management of the statutory probate 

courts and the administration of justice.” Id. 8 25.0022(c), (d)(l), (3) (Vernon Supp. 2003). We 

conclude that the presiding judge of the statutory probate courts was and is authorized to adopt 

statewide local rules of administration for the statutory probate courts. 
The Honorable Mike Stafford - Page 5 (GA-0105) 

SUMMARY 

The presiding judge of the statutory probate courts was and is 

authorized to promulgate statewide local rules of administration for 

the statutory probate courts. 

BARRY R. MCBEE 

First Assistant Attorney General 

DON R. WILLETT 

Deputy Attorney General for Legal Counsel 

NANCY S. FULLER 

Chair, Opinion Committee 

Rick Gilpin 

Assistant Attorney General, Opinion Committee