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