By Thompson H.B. No. 778
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the jurisdiction of a statutory probate court in
1-3 certain matters relating to decedents' estates.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 5A(b) and (e), Texas Probate Code, are
1-6 amended to read as follows:
1-7 (b) In proceedings in the statutory probate courts and
1-8 district [
districts] courts, the phrases "appertaining to estates"
1-9 and "incident to an estate" in this Code include the probate of
1-10 wills, the issuance of letters testamentary and of administration,
1-11 and the determination of heirship, and also include, but are not
1-12 limited to, all claims by or against an estate, all actions for
1-13 trial of title to land and for the enforcement of liens thereon,
1-14 all actions for trial of the right of property, all actions to
1-15 construe wills, the interpretation and administration of
1-16 testamentary trusts and the applying of constructive trusts, and
1-17 generally all matters relating to the settlement, partition, and
1-18 distribution of estates of deceased persons. All statutory probate
1-19 courts may, in the exercise of their jurisdiction, notwithstanding
1-20 any other provisions of this Code, hear all suits, actions, and
1-21 applications filed against or on behalf of any heirship proceeding
1-22 or decedent's estate, including estates administered by an
1-23 independent executor; all such suits, actions, and applications
1-24 are appertaining to and incident to an estate [ for the purposes of
2-1 this section]. This subsection shall be construed in conjunction
2-2 with and in harmony with Section 145 and all other sections of this
2-3 Code dealing with independent executors, but shall not be construed
2-4 so as to increase permissible judicial control over independent
2-5 executors. All statutory probate courts shall have the same powers
2-6 over independent executors that are exercisable by the district
2-7 courts. In situations where the jurisdiction of a statutory
2-8 probate court is concurrent with that of a district court, any
2-9 cause of action appertaining to estates or incident to an estate
2-10 shall be brought in a statutory probate court rather than in the
2-11 district court.
2-12 (e) Subsections (c)(2), (3), and (4) [ (c)] and Subsection
2-13 (d) apply whether or not the matter is appertaining to or incident
2-14 to an estate.
2-15 SECTION 2. This Act takes effect September 1, 1999.
2-16 SECTION 3. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.