SRC-DPW H.B. 1607 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1607
76R3347 RJA-DBy: Thompson (Ellis)
Jurisprudence
5/11/1999
Engrossed


DIGEST 

Currently, Texas law authorizes parties to choose the forum for a contested
case when the constitutional county court is precluded by law from hearing
the case.  This bill would provide that if a judge of a county court has
not transferred a contest probate matter to a district court at the time
the party makes a notion to transfer to statutory probate court, then the
county court judge is required to transfer the case to a statutory probate
court. 

PURPOSE

As proposed, H.B. 1607 sets forth procedures for the assignment of a
statutory probate judge to hear a contested probate matter. 

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 Section 5(b), Texas Probate Code, to require a county
court judge (judge) to grant a party's motion for assignment of a statutory
probate court judge (motion) and prohibits the judge from transferring the
matter to a district court unless the party withdraws the motion, if the
judge has not transferred a contested probate matter at the time the party
files the motion.  Provides that a statutory probate court judge assigned
to a contested probate matter has the jurisdiction and authority granted to
a statutory probate court by Sections 5A and 5B of this code. 

SECTION 2.Emergency clause.
  Effective date: upon passage.