HBA-GUM, LCA H.B. 2580 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2580 By: Hartnett Judicial Affairs 7/27/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Texas Legislature, there was uncertainty in litigation regarding whether the scope of a probate court's power to transfer a case under Section 5B, Probate Code, was equal to the scope of its power to hear the 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. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5B, Probate Code, to authorize a judge of a statutory probate court to transfer to the judge's court, on the motion of a party to the action or a person interested in the estate, a cause of action in which a personal representative of an estate pending in the judge's court is a party. Makes a conforming change. SECTION 2. Amends Section 608, Probate Code, to authorize a judge of a statutory probate court to transfer to the judge's court, on the motion of a party to the action or a person interested in a guardianship, a cause of action in which a personal representative of an estate pending in the judge's court is a party. Makes a conforming change. SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause.