|
Senate Bill 408 |
Senate Author: Carona |
|
Effective: See below |
House Sponsor: Hughes |
Senate Bill 408 amends provisions of the Civil Practice and Remedies Code and Government Code to authorize a person to take, and a court of appeals to hear, an appeal or writ of error from a final judgment of the district or county court if the judgment or amount in controversy exceeds $250, rather than $100.
Senate Bill 408 amends the Government Code to authorize a county court or county court at law in which an appeal of an eviction suit is filed, on a written application of any party to the suit, to appoint certain qualified attorneys or counsels who are willing to provide pro bono legal services to help a party who was in possession of the residence at the time the eviction suit was filed in the justice court and who has perfected the appeal on an approved pauper's affidavit. The bill provides for the venue and for the termination of such appointed counsel, prohibits appointed counsel from receiving attorney's fees unless otherwise provided, and requires the court to provide for a method of service of written notice on the parties of the right to an appointment of such counsel.
Senate Bill 408 clarifies that an appeal from a small claims court to a county court or county court at law is handled in the manner provided by law for appeals from justice courts, and authorizes a person to appeal the final judgment of the county court or county court at law on the appeal to the court of appeals, rather than providing that such judgment is final.
Senate Bill 408 provides that a decision of a local administrative unit relating to financial assistance under the Temporary Assistance to Needy Families (TANF) program that is appealed to the Health and Human Services Commission by an applicant for or recipient of assistance is subject to certain conditions that determine when the applicant or recipient has exhausted all administrative remedies and is entitled to judicial review. The bill clarifies that benefits provided under the TANF program are included within the meaning of "public assistance benefits."
Senate Bill 408 amends Health and Safety Code provisions relating to appeals of court decisions divesting animal owners of such ownership based on animal cruelty.
Senate Bill 408 amends the Probate Code to update provisions related to jurisdiction of probate proceedings and proceedings regarding powers of attorney and trusts. The bill sets forth provisions regarding general probate court jurisdiction and appeals; matters related to probate proceedings in a county in which there is no statutory probate court or county court at law exercising original probate jurisdiction, and in a county in which there is no such statutory probate court but there is such a county court at law; original jurisdiction for probate proceedings; jurisdiction of a contested probate proceeding in a county with no statutory probate court or statutory county court; jurisdiction of a contested probate proceeding in a county with no statutory probate court, but in which there is a county court at law exercising original probate jurisdiction; exclusive jurisdiction of probate proceedings in a county with a statutory probate court; jurisdiction of a statutory probate court with respect to trusts and powers of attorney; and concurrent jurisdiction of statutory probate courts and district courts. Effective January 1, 2014, the bill repeals those provisions and adds them to the Estates Code. The bill amends the Government Code to make conforming changes. The bill amends the Property Code to provide that to the extent of a conflict between a provision of that code relating to the venue in a proceeding brought by the attorney general alleging breach of a fiduciary duty by a fiduciary or managerial agent of a charitable trust and any provision of the Probate Code providing for venue of a proceeding brought with respect to a charitable trust created by a will that has been admitted to probate, the Property Code provision controls.
Senate Bill 408 amends Civil Practice and Remedies Code provisions relating to the liability of a nonmanufacturing seller in a products liability suit and the court's jurisdiction over a nonresident manufacturer in the suit.
Senate Bill 408 makes its provisions effective September 1, 2009, except as otherwise provided.