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 25.2293. Travis County Probate Court Provisions

Sec. 25.2293.  TRAVIS COUNTY PROBATE COURT PROVISIONS.  (a)  Repealed by Acts 2001, 77th Leg., ch. 635, Sec. 3(2), eff. Sept. 1, 2001.
(b)  Repealed by Acts 2003, 78th Leg., ch. 1276, Sec. 9.003.
(c)  A statutory probate court has eminent domain jurisdiction.  All actions, cases, matters, or proceedings of eminent domain arising under Chapter 21, Property Code, or under Section 251.101, Transportation Code , shall be filed and docketed in Probate Court No. 1 of Travis County.  A statutory probate court may transfer an eminent domain proceeding to a county court at law in the county.
(d)  Probate Court No. 2 of Travis County has primary responsibility for mental health matters.
(e)  The county clerk shall docket:
(1)  all mental health matters in Probate Court No. 2, notwithstanding the local rules adopted under Section 74.093;
(2)  all odd-numbered probate, guardianship, and trust cases, and related cases, as defined by the local rules, in Probate Court No. 1; and
(3)  all even-numbered probate, guardianship, and trust cases, and related cases, as defined by the local rules, in Probate Court No. 2.
(f)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(90), eff. January 1, 2012.
(g)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(90), eff. January 1, 2012.
(h)  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 other service required by the judge of a statutory probate court.  A deputy clerk shall attend all sessions of the court to which the deputy clerk is assigned.
(i)  The official court reporter of a statutory probate court is entitled to the same amount of compensation paid to the official court reporters in the district courts in the county.  The reporter's salary shall be paid in the same manner as the compensation of the official court reporters of the district courts.
(j)  The judge of a statutory probate court may appoint an administrative assistant and an auditor to aid the judge in the performance of his duties.  The judge sets the salary of the administrative assistant and the salary of the auditor by an order entered in the minutes of the court.  The appointments and the salaries may be changed only by order of the judge.  The salaries of the auditor and the administrative assistant shall be paid monthly out of the county's general fund or any other fund available for that purpose.
(k)  In case of the absence, disqualification, or incapacity of a judge of a statutory probate court of Travis County, or for any other reason, the judges of the statutory probate courts of Travis County may sit and act for each other in any matter or proceeding pending in either court.
(l)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 4.50(a)(90), eff. January 1, 2012.
(m)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 2.019(b), eff. October 1, 2023.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.21(c), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 1131, Sec. 2, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 76, Sec. 13, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 394, Sec. 4, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 746, Sec. 70, eff. Oct. 1991;  Acts 1997, 75th Leg., ch. 165, Sec. 30.185, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 426, Sec. 7, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 635, Sec. 3(2), eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 677, Sec. 1, 2, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1276, Sec. 9.003, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 959 (H.B. 3468), Sec. 2, eff. September 1, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 4.50(a)(90), eff. January 1, 2012.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 2.019(a), eff. October 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 2.019(b), eff. October 1, 2023.