Tex. Gov't Code § 25.1723 · Subchapter C. PROVISIONS RELATING TO PARTICULAR COUNTIES
MONTGOMERY COUNTY PROBATE COURT PROVISIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this section, "remote proceeding" means a proceeding before a court in which one or more of the participants, including a judge, party, attorney, witness, or other individual, attends the proceeding remotely through the use of technology.
(b) A statutory probate court of Montgomery County has concurrent jurisdiction with the district court, regardless of the amount in controversy or the relief sought, in:
(1) disputes relating to the creation of a constructive trust;
(2) declaratory judgment actions;
(3) actions in which the only relief sought is a writ of injunction; and
(4) actions to appoint a receiver under any law, including Section 11.402, Business Organizations Code.
(c) Repealed by Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 2.18(a), eff. December 4, 2025.
(d) A statutory probate court of Montgomery County may conduct docket matters at any location in the county as the statutory probate court judge considers necessary for the protection of wards or mental health respondents or as otherwise provided by law.
(e) A judge of a statutory probate court in Montgomery County and a judge of a district court or statutory county court in Montgomery County may exchange benches and may sit and act for each other in any matter pending before the court.
(f) The county clerk of Montgomery County serves as clerk of a statutory probate court.
(g) A statutory probate court of Montgomery County may appoint as a court investigator an employee of the court or another department in the county to comply with Section 25.0025.
(h) In addition to the uses authorized by Section 135.159, Local Government Code, Montgomery County may use the fees collected under Section 135.102, Local Government Code, and deposited into the judicial education and support fund to provide staff for the statutory probate courts and for court-related purposes for the support of the statutory probate courts.
Notes and commentary — not statutory text
History
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 2.015(a), eff. October 1, 2023.
Amended by:
Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 2.18(a), eff. December 4, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.25.htm
- Text hash
- sha256 0f9a282516901dda46f6745b1c39d4c15d3480decec83ee86995f4973f5ae3c6
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business Organizations Code
Local Government Code
- Tex. Loc. Gov't Code § 135.102LOCAL CIVIL FEE FOR PROBATE, GUARDIANSHIP, AND MENTAL HEALTH CASES IN STATUTORY COUNTY COURT, STATUTORY PROBATE COURT, OR COUNTY COURT.Printed as Section 135.102, Local Government Code
- Tex. Loc. Gov't Code § 135.159JUDICIAL EDUCATION AND SUPPORT FUND.Printed as Section 135.159, Local Government Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.