By Naishtat H.B. No. 1313
75R2435 MWV-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Probate Court No. 1 of Travis County.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 25.2293(b) and (d), Government Code,
1-5 are amended to read as follows:
1-6 (b) A statutory probate court has:
1-7 (1) general jurisdiction, concurrent with the
1-8 jurisdiction of the county court, to hear and determine all
1-9 actions, cases, matters, or proceedings instituted under Subtitle
1-10 D, Title 7, Health and Safety Code; and
1-11 (2) concurrent jurisdiction with the district court in
1-12 all actions:
1-13 (A) by or against a personal representative
1-14 whether the matter is appertaining to or incident to an estate; and
1-15 (B) involving an inter vivos trust whether the
1-16 matter is appertaining to or incident to an estate.
1-17 (d) A statutory probate court may exercise the pendent and
1-18 ancillary jurisdiction necessary to promote judicial efficiency and
1-19 economy. A judge of a statutory probate court on the motion of a
1-20 party to the action or on the motion of a person interested in an
1-21 estate may [, with the consent of the judge in whose court the case
1-22 is pending,] transfer to the judge's court from a district, county,
1-23 or other statutory court a cause of action appertaining to or
1-24 incident to an estate pending in the statutory probate court or a
2-1 cause of action in which a personal representative, acting in the
2-2 capacity of a personal representative, of an estate pending in a
2-3 statutory probate court is a party and may consolidate the
2-4 transferred cause of action with the other proceedings in the
2-5 statutory probate court relating to that estate.
2-6 SECTION 2. This Act takes effect September 1, 1997.
2-7 Section 25.2293(d), Government Code, as amended by this Act,
2-8 applies to a motion to transfer a proceeding to the Probate Court
2-9 No. 1 of Travis County filed on or after the effective date of this
2-10 Act. A motion to transfer a proceeding filed before the effective
2-11 date of this Act is governed by the law in existence on the date
2-12 the motion was filed and that law is continued in effect for that
2-13 purpose.
2-14 SECTION 3. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.