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.