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.