HBA-BSM H.B. 2882 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2882 By: Naishtat Judicial Affairs 7/25/2001 Enrolled BACKGROUND AND PURPOSE Discrepancies regarding the jurisdiction of the Travis County Probate Court No.1 existed under previous law due to provisions that granted the court jurisdiction over matters other than those included in the enabling statute. Amendments have been made over the years granting jurisdiction to probate courts to hear civil commitment cases. In addition, because the judges of the county courts in the larger counties including Travis County have been allowed to opt out of performing judicial functions, the probate courts have assumed additional duties. The Travis County Probate Court No.1 has assumed several duties previously performed by the county court. House Bill 2882 includes recently adopted jurisdictional powers given to probate courts into the enacting legislation of the Travis County Probate Court No.1. 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. ANALYSIS House Bill 2882 amends the Government Code to provide that, in addition to existing jurisdiction, a statutory probate court in Travis County has the jurisdiction provided by law for a county court to hear and determine all actions, cases, matters, or proceedings instituted regarding: _the refusal of an attending physician refusal to honor a patient's advance directive or a treatment decision; _the state registrar not accepting a delayed birth certificate; _a delayed registration of death; _an investigation of the Texas Department of Mental Health and Mental Retardation (MHMR) to determine means of support regarding liability for payment of treatment; _treatment of a patient or a resident of a state hospital or residential care facility operated by MHMR; _the removal of remains interred in a cemetery; _abandoned plots in private cemeteries; _the treatment of chemically dependent persons; and _the Texas Mental Health Code. The bill repeals law relating to the authority of a statutory probate court in Travis County to exercise the pendant and ancillary jurisdiction necessary to promote judicial efficiency and economy. EFFECTIVE DATE September 1, 2001.