SRC-JBJ H.B. 1605 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1605
76R4158 DB-DBy: Thompson (Wentworth)
Jurisprudence
4/9/1999
Engrossed


DIGEST 

Currently, statutory probate courts to not have the authority to transfer
cases upon the loss of subject matter jurisdiction.  H.B. 1605 would
authorize the probate court transfer a cause of action as an alternative to
dismissal if the court loses subject matter jurisdiction.   

PURPOSE

As proposed, H.B. 1605 authorizes a statutory probate court to transfer a
cause of action as an alternative to dismissal if the court loses subject
matter jurisdiction.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 25B, Government Code, by adding Section
25.00221, as follows: 

Sec. 25.00221.  TRANSFER OF CASES.  Authorizes a judge of a statutory
probate court to transfer a cause of action pending in the court to another
probate court in the same county that has jurisdiction over the cause.
Authorizes the judge to transfer a cause to a district court, county court,
statutory county court, or certain justice courts located in the same
county, if the judge has certain conflicts with the case.  Provides that
all processes, writs, and other obligations issued in the original probate
court are returnable to the court to which the cause of action is
transferred.  Establishes that the obligees in all bonds, recognizances
taken in and for the statutory court, and all witness required to appear
before the original statutory court are all required to appear in the new
probate court.   

SECTION 2.  Effective date: September 1, 1999.
  Makes application of this Act prospective.
  
SECTION 3.Emergency clause.