1-1 By: Thompson (Senate Sponsor - Wentworth) H.B. No. 777
1-2 (In the Senate - Received from the House March 29, 1999;
1-3 March 30, 1999, read first time and referred to Committee on
1-4 Jurisprudence; April 15, 1999, reported favorably by the following
1-5 vote: Yeas 3, Nays 0; April 15, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the jurisdiction of a statutory probate court in
1-9 certain guardianship matters.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 607(b), Texas Probate Code, is amended to
1-12 read as follows:
1-13 (b) In a proceeding in a statutory probate court or district
1-14 court, the phrases "appertaining to estates" and "incident to an
1-15 estate" in this chapter include the appointment of guardians, the
1-16 issuance of letters of guardianship, all claims by or against a
1-17 guardianship estate, all actions for trial of title to land and for
1-18 the enforcement of liens on the land, all actions for trial of the
1-19 right of property, and generally all matters relating to the
1-20 settlement, partition, and distribution of a guardianship estate.
1-21 A statutory probate court, in the exercise of its jurisdiction and
1-22 notwithstanding any other provision of this chapter, may hear all
1-23 suits, actions, and applications filed against or on behalf of any
1-24 guardianship; all such suits, actions, and applications are
1-25 appertaining to and incident to an estate. In a situation in which
1-26 the jurisdiction of a statutory probate court is concurrent with
1-27 that of a district court, a cause of action appertaining to or
1-28 incident to a guardianship estate shall be brought in a statutory
1-29 probate court rather than in the district court.
1-30 SECTION 2. Section 607(e), Texas Probate Code, is amended to
1-31 read as follows:
1-32 (e) Subsection [Subsections (c) and] (d) of this section
1-33 applies [apply] whether or not the matter is appertaining to or
1-34 incident to a guardianship estate.
1-35 SECTION 3. This Act takes effect September 1, 1999.
1-36 SECTION 4. The importance of this legislation and the
1-37 crowded condition of the calendars in both houses create an
1-38 emergency and an imperative public necessity that the
1-39 constitutional rule requiring bills to be read on three several
1-40 days in each house be suspended, and this rule is hereby suspended.
1-41 * * * * *