HBA-SEP C.S.H.B. 689 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 689
By: Thompson
Judicial Affairs
3/23/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The 75th Session Legislative Committee on Statutory Probate Courts made
recommendations limiting the jurisdiction of statutory county courts and
statutory probate courts with regard to probate, guardianship, and mental
health matters.  These recommendations were made because  some of the
statutory probate courts were once county courts at law and had retained
the county court at law jurisdiction in certain situations.  Extra
jurisdiction for statutory county courts was removed last session, but
corresponding legislation affecting the statutory probate courts did not
become law.  Furthermore, county court judges have opted out of performing
judicial functions regarding probate courts such that now the jurisdiction
as specified in statute does not reflect the tasks that statutory probate
courts in Texas have assumed over the years.  C.S.H.B. 689 limits the
jurisdiction of statutory probate courts to matters in probate,
guardianship, mental health, and eminent domain and delineates the
particular matters over which statutory probate courts have 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. 

ANALYSIS

C.S.H.B. 689 amends the Government Code to clarify that a statutory probate
court has the jurisdiction provided by law for a county court to hear and
determine actions, cases, matters, or proceedings (actions) relating to: 

_a physician's refusal to honor a patient's advance directive;

_delayed birth and death certificates;

_investigations to determine a patient's means of support, and filing of
claims to show cause why the state should not have judgment against a
person for the cost of a patients's support; 

_removal of interred remains, and abandoned plots in private cemeteries; or

_the treatment of chemically dependent persons, and persons with mental
retardation or other mental health issues.  

The bill repeals provisions granting jurisdiction to certain courts over
matters other than guardianship, probate, mental health, and eminent domain
proceedings.  

If the jurisdiction conflicts with a specific provision for a particular
statutory probate court or county, the specific provision controls unless
the specific provision attempts to create jurisdiction in a statutory
probate court other than jurisdiction over probate, guardianship, or mental
health proceedings.  The bill provides  that a statutory probate court in
Denton County has the jurisdiction set forth under general provisions
relating to statutory probate courts rather than the jurisdiction for a
county court.  Provisions regarding statutory conflict do  not apply to the
Probate Court of Denton County until May 1, 2002. 

The bill requires a  Denton County statutory probate court judge to
transfer all actions over which the court loses jurisdiction under this Act
and that are pending in the court on May 1, 2002, to a district or county
court with jurisdiction over the actions.  Except as provided above, a
statutory probate court judge is required to transfer all actions over
which the court loses jurisdiction under this Act and are pending in the
court on September 1, 2001, to a district or county court in the county
with jurisdiction over the actions. All processes, writs, bonds,
recognizances, or other obligations issued from the transferring court are
returnable to the court to which the action is transferred as if originally
issued by that court, and the obligee on all bonds and recognizances taken
in and all witnesses summoned to appear in a court from which an action is
transferred are required to appear before the court to which an action is
transferred as if originally required to appear before the court to which
the transfer is made.   

The bill authorizes a judge of a county court at law who is sitting for a
judge of a statutory probate court under the El Paso County probate court
provisions, immediately before the effective date of this Act, to continue
to serve in that capacity until the regular statutory probate court judge
becomes available. 

EFFECTIVE DATE

September 1, 2001, except that provisions relating to the jurisdiction of a
statutory probate court in Denton County take effect May 1, 2002.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 689 differs from the original bill by including eminent domain
proceedings in statutory probate court jurisdiction.  The substitute no
longer repeals a statutory court's jurisdiction over eminent domain
proceedings with regard to Denton, Bexar, and Travis county.   

The substitute repeals provisions requiring the Galveston County district
clerk to transfer juvenile matters and proceedings so that the county
courts No. 1 and No. 2, the probate and county court, and the 306th
district court rotate trying juvenile cases.