SRC-ARR H.B. 2580 76(R) BILL ANALYSIS
Senate Research Center H.B. 2580
76R6358 KLA-DBy: Hartnett (Wentworth)
Jurisprudence
5/4/1999
Engrossed
DIGEST
Questions have arisen in litigation regarding whether the scope of a
probate court's power to transfer a case under Section 5B, Probate Code, is
equal to the scope of its power to hear a case. H.B. 2580 amends that
section to clarify a statutory probate court's authority to transfer and
consolidate proceedings involving an estate or guardianship, including
causes of action involving a personal representative of an estate or a
ward's estate.
PURPOSE
As proposed, H.B. 2580 transfers certain proceedings to a statutory probate
court.
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 5B, Texas Probate Code, to authorize a judge of a
statutory probate court, on certain motions to transfer to the court from a
district, county, or statutory court a cause of action in which a personal
representative of an estate pending in the statutory probate court is a
party. Makes a conforming change.
SECTION 2. Amends Section 608, Texas Probate Code, to make a conforming
change.
SECTION 3. Effective date: September 1, 1999.
Makes application of this Act prospective.
SECTION 4. Emergency clause.