PMJ H.B. 1157 75(R)BILL ANALYSIS JUDICIAL AFFAIRS H.B. 1157 By: Hartnett 3-5-97 Committee Report (Unamended) BACKGROUND Uncertainty has arisen in litigation under Texas Probate Code '' 5A and 5B concerning whether the scope of the probate court's power to transfer a case is equal to the scope of the court's jurisdiction to hear the case. PURPOSE H.B. 1157 clarifies that a statutory probate court has authority to transfer and consolidate all proceedings involving an estate or guardianship, including causes of action involving the personal representative of an estate or a ward's estate. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1 amends Tex. Probate Code ' 5B to clarify that a statutory probate court judge may transfer any cause of action in which a personal representative of an estate, acting in that capacity, is a party and may consolidate that case into estate proceedings before the court. SECTION 2 amends Tex. Probate Code ' 608 to clarify that a statutory probate court judge may transfer any cause of action in which a personal representative of a guardian's estate, acting in that capacity, is a party and may consolidate that case into guardianship proceedings before the court. SECTION 3. Effective date. Application of act. SECTION 4. Emergency clause.