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.