HBA-RBT H.B. 1605 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1605 By: Thompson Judicial Affairs 3/8/1999 Introduced BACKGROUND AND PURPOSE Statutory probate courts do not have the ability to transfer cases upon the loss of subject matter jurisdiction. H.B. 1605 allows a statutory probate court to transfer a cause of action as an alternative to dismissal if the court loses subject matter jurisdiction. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter B, Chapter 25, Government Code, by adding Section 25.00221, as follows: Sec. 25.00221. TRANSFER OF CASES. Authorizes the judge of a statutory probate court to transfer a cause of action pending in that court to another statutory probate court in the same county that has jurisdiction over the cause of action. Authorizes the judge of a statutory probate court to transfer a cause of action to a district court, county court, statutory county court, or justice court located in the same county if the judge determines that the court no longer has jurisdiction over the cause of action. Provides that when a cause of action is transferred from a statutory probate court to another court, all processes, writs, bonds, recognizances, or other obligations issued from the statutory probate court are returnable to the new court as though they were issued by that court. Provides that the obligees of all bonds and recognizances, and all witnesses summoned to appear in the statutory probate court, are required to appear before the new court as if originally required to appear before that court. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3.Emergency clause.