2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter C. Provisions Relating to Particular Counties › Section 25.0173. Bexar County Probate Courts

Sec. 25.0173.  BEXAR COUNTY PROBATE COURTS.  (a)  A statutory probate court in Bexar County has the general jurisdiction of a probate court as provided by Section 25.0021.  Probate Courts Nos. 1, 2, and 3 have eminent domain jurisdiction and jurisdiction to decide the issue of title to real or personal property.  Notwithstanding the local rules adopted under Section 74.093, the county clerk shall docket all eminent domain cases equally among Probate Courts Nos. 1, 2, and 3.
(b)  Repealed by Acts 1999, 76th Leg., ch. 42, Sec. 4, eff. Sept. 1, 1999.
(c)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(8), eff. January 1, 2012.
(d)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(8), eff. January 1, 2012.
(e)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 331, Sec. 2, eff. October 1, 2007.
(f)  The judge of a statutory probate court shall be paid an annual salary in an amount not less than the total annual salary, including supplements, received by the judge of a district court in the county.
(g)  The county clerk shall appoint a deputy clerk for each statutory probate court.   A deputy clerk serves at the pleasure of the judge of the court to which the deputy clerk is assigned.  A deputy clerk must take the constitutional oath of office, and the county clerk may require the deputy clerk to furnish a bond in an amount, conditioned and payable, as required by law.  A deputy clerk acts in the name of the county clerk and may perform any official act or service required of the county clerk and shall perform any other service required by the judge of a statutory probate court.  A deputy clerk must attend all sessions of the court to which the deputy clerk is assigned.
(h)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(8), eff. January 1, 2012.
(i)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(8), eff. January 1, 2012.
(j)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 2.005(b), eff. September 1, 2023.
(k)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(8), eff. January 1, 2012.
(l)  The official court reporter of a statutory probate court is entitled to receive an annual salary set by the judge and approved by the commissioners court at an amount not less than $35,256.
(m)  Repealed by Acts 1991, 72nd Leg., ch. 394, Sec. 4, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991.
(n)  Probate Court No. 1 has primary responsibility for mental illness proceedings.
(o)  Notwithstanding the local rules adopted under Section 74.093, the county clerk shall:
(1)  docket all mental health matters in Probate Court No. 1; and
(2)  assign equally among the statutory probate courts in Bexar County and docket at random all other matters and proceedings filed in the statutory probate courts in Bexar County.
(p)  Notwithstanding Section 25.0022(h), in the absence, disqualification, or incapacity of a statutory probate judge in Bexar County or on the judge's request, the statutory probate judges in Bexar County may sit and act for each other in any probate matter or proceeding.  A statutory probate judge in Bexar County may:
(1)  hear and determine any matter or proceeding pending in another statutory probate court in Bexar County; or
(2)  enter any order in the matter or proceeding that the judge of the other statutory probate court in Bexar County may enter.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 410, Sec. 4, 5, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 394, Sec. 4, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1, 1991;  Acts 1999, 76th Leg., ch. 42, Sec. 3, 4, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 331 (H.B. 2967), Sec. 2, eff. October 1, 2007.
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 4.50(a)(8), eff. January 1, 2012.
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 2.03, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 2.005(a), eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 2.005(b), eff. September 1, 2023.