By Hartnett H.B. No. 1157 75R2487 BEM-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the transfer of certain proceedings to a statutory 1-3 probate court. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 5B, Texas Probate Code, is amended to 1-6 read as follows: 1-7 Sec. 5B. TRANSFER OF PROCEEDING. A judge of a statutory 1-8 probate court, on the motion of a party to the action or on the 1-9 motion of a person interested in an estate, may transfer to his 1-10 court from a district, county, or statutory court a cause of action 1-11 appertaining to or incident to an estate pending in the statutory 1-12 probate court or a cause of action in which a personal 1-13 representative, acting in the capacity of a personal 1-14 representative, of an estate pending in a statutory probate court 1-15 is a party and may consolidate the transferred cause of action with 1-16 the other proceedings in the statutory probate court relating to 1-17 that estate. 1-18 SECTION 2. Section 608, Texas Probate Code, is amended to 1-19 read as follows: 1-20 Sec. 608. TRANSFER OF GUARDIANSHIP PROCEEDING. A judge of a 1-21 statutory probate court, on the motion of a party to the action or 1-22 of a person interested in a guardianship, may transfer to the 1-23 judge's court from a district, county, or statutory court a cause 1-24 of action appertaining to or incident to a guardianship estate that 2-1 is pending in the statutory probate court or a cause of action in 2-2 which a personal representative, acting in the capacity of a 2-3 personal representative, of an estate pending in a statutory 2-4 probate court is a party and may consolidate the transferred cause 2-5 of action with the other proceedings in the statutory probate court 2-6 relating to the guardianship estate. 2-7 SECTION 3. This Act takes effect September 1, 1997, and 2-8 applies only to a motion to transfer a cause of action filed on or 2-9 after that date. A motion to transfer a cause of action filed 2-10 before the effective date of this Act is governed by the law in 2-11 effect on the date the motion was filed, and the former law is 2-12 continued in effect for that purpose. 2-13 SECTION 4. The importance of this legislation and the 2-14 crowded condition of the calendars in both houses create an 2-15 emergency and an imperative public necessity that the 2-16 constitutional rule requiring bills to be read on three several 2-17 days in each house be suspended, and this rule is hereby suspended.