By Thompson                                           H.B. No. 1605
         76R4158 DB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the transfer of cases by statutory probate courts.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter B, Chapter 25, Government Code, is
 1-5     amended by adding Section 25.00221 to read as follows:
 1-6           Sec. 25.00221.  TRANSFER OF CASES.  (a)  The judge of a
 1-7     statutory probate court may transfer a cause of action pending in
 1-8     that court to another statutory probate court in the same county
 1-9     that has jurisdiction over the cause of action that is transferred.
1-10           (b)  If the judge of a statutory probate court that has
1-11     jurisdiction over a cause of action appertaining to or incident to
1-12     an estate pending in the statutory probate court determines that
1-13     the court no longer has jurisdiction over the cause of action, the
1-14     judge may transfer that cause of action to a district court, county
1-15     court, statutory county court, or justice court located in the same
1-16     county that has jurisdiction over the cause of action that is
1-17     transferred.
1-18           (c)  When a cause of action is transferred from a statutory
1-19     probate court to another court as provided by Subsection (a) or
1-20     (b), all processes, writs, bonds, recognizances, or other
1-21     obligations issued from the statutory probate court are returnable
1-22     to the court to which the cause of action is transferred as if
1-23     originally issued by that court.  The obligees in all bonds and
1-24     recognizances taken in and for the statutory probate court, and all
 2-1     witnesses summoned to appear in the statutory probate court, are
 2-2     required to appear before the court to which the cause of action is
 2-3     transferred as if originally required to appear before the court to
 2-4     which the transfer is made.
 2-5           SECTION 2.  (a)  This Act takes effect September 1, 1999.
 2-6           (b)  Section 25.00221,  Government Code, as added by this
 2-7     Act, applies only to a cause of action filed on or after the
 2-8     effective date of this Act.
 2-9           SECTION 3.  The importance of this legislation and the
2-10     crowded condition of the calendars in both houses create an
2-11     emergency and an imperative public necessity that the
2-12     constitutional rule requiring bills to be read on three several
2-13     days in each house be suspended, and this rule is hereby suspended.