SRC-DPW H.B. 1607 76(R)BILL ANALYSIS Senate Research CenterH.B. 1607 76R3347 RJA-DBy: Thompson (Ellis) Jurisprudence 5/13/1999 Committee Report (Amended) 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. Amends Section 606(b), Texas Probate Code, to require a judge to grant a party's 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 guardianship 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 607 and 608 of this code. Makes a conforming change. SECTION 3.Emergency clause. Effective date: upon passage.