By Uher H.B. No. 1948
75R6657 MWV-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer of a case to a statutory probate court.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 5B, Texas Probate Code, is amended to
1-5 read as follows:
1-6 Sec. 5B. TRANSFER OF PROCEEDING. (a) Subject to Subsection
1-7 (b) of this section, a [A] judge of a statutory probate court on
1-8 the motion of a party to the action or on the motion of a person
1-9 interested in an estate, may transfer to his court from a district,
1-10 county, or statutory court a cause of action appertaining to or
1-11 incident to an estate pending in the statutory probate court and
1-12 may consolidate the transferred cause of action with the other
1-13 proceedings in the statutory probate court relating to that estate,
1-14 if the judge of the statutory probate court:
1-15 (1) gives notice to all parties to the cause of action
1-16 and to the court from which the cause of action is to be
1-17 transferred;
1-18 (2) holds a hearing regarding the motion to transfer
1-19 the cause of action; and
1-20 (3) determines that the transfer of the cause of
1-21 action is in the interest of justice.
1-22 (b) If the motion to transfer a cause to a statutory probate
1-23 court under Subsection (a) of this section is made by a party who
1-24 originally brought the cause of action in the district, county, or
2-1 statutory court or is filed by another person later than the 30th
2-2 day after the date of the opening of the estate in the statutory
2-3 probate court, the transfer may be made only if, after the
2-4 statutory probate court judge grants the motion to transfer the
2-5 cause of action, the court from which the cause of action is to be
2-6 transferred:
2-7 (1) gives notice to all parties to the cause of action
2-8 of the motion to transfer the cause of action;
2-9 (2) holds a hearing regarding the motion to transfer
2-10 the cause of action; and
2-11 (3) determines that the transfer of the cause of
2-12 action is in the interest of justice.
2-13 (c) The judge of the transferring court shall order the
2-14 clerk of the transferring court to make and deliver to the clerk of
2-15 the statutory probate court a copy of the file for a cause of
2-16 action transferred as provided by this section.
2-17 SECTION 2. This Act takes effect September 1, 1997, and
2-18 applies to a motion to transfer a cause of action filed on or after
2-19 that date. A motion to transfer a cause of action filed before the
2-20 effective date of this Act is governed by the law in effect at the
2-21 time the motion was filed and that law is continued in effect for
2-22 that purpose.
2-23 SECTION 3. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.