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