HBA-ATS, KMH H.B. 1607 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1607
By: Thompson
Judicial Affairs
6/3/1999
Enrolled



BACKGROUND AND PURPOSE 

In 1983, the legislature amended the probate court jurisdictional statute
to allow parties to choose the forum, either a statutory probate court or a
district court, when the constitutional county court was precluded by law
from hearing a case, such as when the case is contested.  H.B. 1607
provides that if the judge of a county court has not transferred a
contested probate matter or a contested guardianship matter to a district
court at the time a party makes a motion to transfer to a statutory probate
court, then the county judge must transfer the case to a statutory probate
court.  This bill also clarifies the jurisdiction of the statutory probate
court judge. 

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 Section 5(b), Texas Probate Code, to require a county
judge to grant a motion for assignment of a statutory probate court judge
in a contested probate matter if it has not already been transferred to a
district court.  Prohibits the transfer to district court unless the party
withdraws the motion.  Grants jurisdiction and authority to the assigned
statutory probate judge as described under Sections 5A (Matters
Appertaining and Incident to an Estate and Other Probate Court
Jurisdiction) and 5B (Transfer of Proceeding), Texas Probate Code. 

SECTION 2.  Amends Section 606(b), Texas Probate Code, to require a county
judge to grant a motion for assignment of a statutory probate court judge
in a contested guardianship matter if it has not already been transferred
to a district court.  Prohibits the transfer to district court unless the
party withdraws the motion.  Grants jurisdiction and authority to the
assigned statutory probate judge as described under Sections 607 (Matters
Appertaining and Incident to an Estate) and 608 (Transfer of Guardianship
Proceeding), Texas Probate Code. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.