HBA-KMH S.B. 1163 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1163
By: Wentworth
Judicial Affairs
5/10/1999
Engrossed


BACKGROUND AND PURPOSE

Currently, some county courts have attempted to alter the current probate
system by allowing themselves jurisdiction over probate matters without
converting their court into a statutory probate court.  The county courts
also avoid complying with statutory probate court administrative
procedures, and lack the specialized staff needed to handle probate cases
effectively.  S.B. 1163 restricts the ability to expand the jurisdiction of
a statutory probate court beyond probate, guardianship, mental health, or
eminent domain matters which conflict with the provisions of Subchapter B
(General Provisions Relating to Statutory Probate Courts), Government Code. 

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 25.0021, Government Code, to provide that
specific provisions as to a particular court or county supersede the
provisions of this subchapter (General Provisions Relating to Statutory
Probate Courts), except that this subchapter controls over a specific
provision for a particular court or county if the specific provision
attempts to create jurisdiction in a statutory probate court other than
jurisdiction over probate, guardianship, mental health, or eminent domain
proceedings.  Makes conforming changes. 

SECTION 2.Repealers: Section 25.00266, Government Code (Application of
Subchapter); and Section 25.0032, Government Code (Application of
Subchapter). 

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Makes application of this Act prospective.