Bill not drafted by TLC or Senate E&E. Line and page numbers may not match official copy. By: Brown S.B. No. 1348 A BILL TO BE ENTITLED AN ACT 1-1 relating to the transfer of a case to a statutory probate court. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. Section 5B, Texas Probate Code, is amended to 1-4 read as follows: 1-5 Sec. 5B. TRANSFER OF PROCEEDING. (a) A judge of a 1-6 statutory probate court on the motion of a party to the action or 1-7 on the motion of a person interested in an estate, may transfer to 1-8 his court from a district, county, or statutory court a cause of 1-9 action appertaining to or incident to an estate pending in the 1-10 statutory probate court and may consolidate the transferred cause 1-11 of action with the other proceedings in the statutory probate court 1-12 relating to that estate; provided, however, the transfer may be 1-13 made only if, after the statutory probate court judge grants the 1-14 motion to transfer the cause of action, the district, county, or 1-15 statutory court from which the cause of action is to be 1-16 transferred: 1-17 (1) gives notice to all parties to the cause of action 1-18 of the motion to transfer the cause of action; 1-19 (2) holds a hearing regarding the motion to transfer 1-20 the cause of action; and 1-21 (3) determines that the transfer of the cause of 1-22 action is in the best interest of justice. 1-23 (b) In the event that a cause of action is transferred 2-1 pursuant to Subsection (a), the judge of the transferring court 2-2 shall order the clerk of the transferring court to make and deliver 2-3 to the clerk of the statutory probate court a copy of the file for 2-4 a cause of action transferred as provided by this section. The 2-5 movant shall pay all court costs of the transfer. 2-6 SECTION 2. Section 608, Texas Probate Code, is amended to 2-7 read as follows: 2-8 Sec. 608. TRANSFER OF GUARDIANSHIP PROCEEDING. (a) A judge 2-9 of a statutory probate court on the motion of a party to the action 2-10 or of a person interested in a guardianship, may transfer to the 2-11 judge's court from a district, county, or statutory court a cause 2-12 of action appertaining to or incident to a guardianship estate that 2-13 is pending in the statutory probate court and may consolidate the 2-14 transferred cause of action with the other proceedings in the 2-15 statutory probate court relating to the guardianship estate; 2-16 provided, however, the transfer may be made only if, after the 2-17 statutory probate court judge grants the motion to transfer the 2-18 cause of action, the district, county, or statutory court from 2-19 which the cause of action is to be transferred: 2-20 (1) gives notice to all parties to the cause of action 2-21 of the motion to transfer the cause of action; 2-22 (2) holds a hearing regarding the motion to transfer 2-23 the cause of action; and 2-24 (3) determines that the transfer of the cause of 2-25 action is in the best interest of justice. 3-1 (b) In the event that a cause of action is transferred 3-2 pursuant to Subsection (a), the judge of the transferring court 3-3 shall order the clerk of the transferring court to make and deliver 3-4 to the clerk of the statutory probate court a copy of the file for 3-5 a cause of action transferred as provided by this section. The 3-6 movant shall pay all court costs of the transfer. 3-7 SECTION 3. This Act takes effect September 1, 1997, and 3-8 applies to a motion to transfer a cause of action filed on or after 3-9 that date. A motion to transfer a cause of action filed before the 3-10 effective date of this Act is governed by the law in effect at the 3-11 time the motion was filed and that law is continued in effect for 3-12 that purpose. 3-13 SECTION 4. The importance of this legislation and the 3-14 crowded condition of the calendars in both houses create an 3-15 emergency and an imperative public necessity that the 3-16 constitutional rule requiring bills to be read on three several 3-17 days in each house be suspended, and this rule is hereby suspended.