SRC-JBJ S.B. 1163 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1163
76R7551 DB-DBy: Wentworth
Jurisprudence
4/6/1999
As Filed


DIGEST 

Currently, some county courts have attempted to alter the current probate
system by allowing themselves jurisdiction over probate matters without
converting their court into a statutory probate court.  The county courts
also avoid complying with statutory probate court administrative
procedures, and lack the specialized staff needed to handle probate cases
effectively.  S.B. 1163 would prevent a statute change from becoming
effective if the statute attempts to give a county court the jurisdiction
of a probate court without becoming a statutory probate court.   

PURPOSE

As proposed, S.B. 1163 prevents the jurisdiction of a statutory probate
court from being assigned to a statutory county court without the county
court first becoming 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 25.0021, Government Code, to provide that if
this subchapter conflicts with a specific provision of a court or county,
the specific provision controls, except when the specific provision
attempts to create jurisdiction in a statutory probate court other than
jurisdiction over probate, guardianship, mental health, or eminent domain
proceedings.  Makes conforming changes. 

SECTION 2.Repealers:
Section 25.00266, Government Code (Application of Subchapter); and Section
25.0032, Government Code (Application of Subchapter). 

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Makes application of this Act prospective.