SRC-JBJ S.B. 1004 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1004
By: Wentworth
Jurisprudence
3/17/1999
As Filed


DIGEST 

Currently, there is some conflict between various appellate courts
regarding the jurisdiction of statutory probate courts, particularly
regarding the meaning of "appertaining to and incident to."  To ensure that
no additional court resources are spent to defend the phrase, S.B. 1004
amends the Probate Code to clarify the legislative intent regarding the
jurisdiction of statutory probate courts. 

PURPOSE

As proposed, S.B. 1004 amends the Probate Code to clarify the legislative
intent regarding the jurisdiction of statutory probate courts in certain
guardianship matters. 

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 607(b), Texas Probate Code, to authorize a
statutory probate court to hear all suits filed against or on behalf of any
guardianship; and provides that all such suits, actions, and applications
are appertaining to and incident to an estate. 

SECTION 2.Effective date: September 1, 1999.