HBA-GUM, KMH H.B. 3635 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3635
By: Naishtat
Judicial Affairs
7/27/1999
Enrolled



BACKGROUND AND PURPOSE 

The Travis County probate courts enabling statute includes jurisdiction
that was added at a time when the Probate Code did not grant mental
retardation commitment jurisdiction to the probate court.  The Probate Code
was amended several years ago and gave probate courts jurisdiction over
mental retardation commitments. Also, prior to the 76th Texas Legislature,
the transfer provision affecting a third-party cause of action necessitated
that an unnecessary step be taken by certain litigants in rare instances. 

H.B. 3635 expands the jurisdiction of a statutory probate court to include
all proceedings instituted under the Health and Safety Code, rather than
only under Subtitle D, Title 7, Health and Safety Code. This bill also
deletes the requirement that a judge of a statutory probate court obtain
the consent of a judge in whose court a case is pending before transferring
a cause in which a personal representative, not necessarily acting in the
capacity of a personal representative, of an estate pending in a statutory
probate court is a party. 

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 Sections 25.2293(b) and (d), as follows:

(b) Expands the jurisdiction of a statutory probate court to include all
proceedings instituted under the Health and Safety Code, rather than only
under Subtitle D, Title 7, Health and Safety Code. 

(d) Deletes the requirement that a judge of a statutory probate court
obtain the consent of a judge in whose court a case is pending before
transferring a cause in which a personal representative, not necessarily
acting in the capacity of a personal representative, of an estate pending
in a statutory probate court is a party. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Makes application of this Act prospective as to a motion to
transfer a proceeding to the Probate Court No. 1 of Travis County. 

SECTION 4.  Emergency clause.