By Thompson                                            H.B. No. 777
         76R4088 KLA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the jurisdiction of a statutory probate court in
 1-3     certain guardianship matters.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 607(b), Texas Probate Code, is amended to
 1-6     read as follows:
 1-7           (b)  In a proceeding in a statutory probate court or district
 1-8     court, the phrases "appertaining to estates" and "incident to an
 1-9     estate" in this chapter include the appointment of guardians, the
1-10     issuance of letters of guardianship, all claims by or against a
1-11     guardianship estate, all actions for trial of title to land and for
1-12     the enforcement of liens on the land, all actions for trial of the
1-13     right of property, and generally all matters relating to the
1-14     settlement, partition, and distribution of a guardianship estate.
1-15     A statutory probate court, in the exercise of its jurisdiction and
1-16     notwithstanding any other provision of this chapter, may hear all
1-17     suits, actions, and applications filed against or on behalf of any
1-18     guardianship;  all such suits, actions, and applications are
1-19     appertaining to and incident to an estate.  In a situation in which
1-20     the  jurisdiction of a statutory probate court is concurrent with
1-21     that of a district court, a cause of action appertaining to or
1-22     incident to a guardianship estate shall be brought in a statutory
1-23     probate court rather than in the district court.
1-24           SECTION 2.  This Act takes effect September 1, 1999.
 2-1           SECTION 3.  The importance of this legislation and the
 2-2     crowded condition of the calendars in both houses create an
 2-3     emergency and an imperative public necessity that the
 2-4     constitutional rule requiring bills to be read on three several
 2-5     days in each house be suspended, and this rule is hereby suspended.
 2-6                          COMMITTEE AMENDMENT NO. 1
 2-7           Amend H.B. 777, on page 1, between lines 23 and 24 by
 2-8     inserting a new section 2, to read as follows and renumbering
 2-9     subsequent sections appropriately:
2-10           "SECTION 2.  Section 607(e), Texas Probate Code, is amended
2-11     to read as follows:
2-12     (e)  Subsection[s (c) and] (d) of this section appl[y]ies whether
2-13     or not the matter is appertaining to or incident to a guardianship
2-14     estate."
2-15                                                                  Uresti