1-1 By: Thompson (Senate Sponsor - Wentworth) H.B. No. 1605 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 transfer of cases by statutory probate courts. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Subchapter B, Chapter 25, Government Code, is 1-11 amended by adding Section 25.00221 to read as follows: 1-12 Sec. 25.00221. TRANSFER OF CASES. (a) The judge of a 1-13 statutory probate court may transfer a cause of action pending in 1-14 that court to another statutory probate court in the same county 1-15 that has jurisdiction over the cause of action that is transferred. 1-16 (b) If the judge of a statutory probate court that has 1-17 jurisdiction over a cause of action appertaining to or incident to 1-18 an estate pending in the statutory probate court determines that 1-19 the court no longer has jurisdiction over the cause of action, the 1-20 judge may transfer that cause of action to a district court, county 1-21 court, statutory county court, or justice court located in the same 1-22 county that has jurisdiction over the cause of action that is 1-23 transferred. 1-24 (c) When a cause of action is transferred from a statutory 1-25 probate court to another court as provided by Subsection (a) or 1-26 (b), all processes, writs, bonds, recognizances, or other 1-27 obligations issued from the statutory probate court are returnable 1-28 to the court to which the cause of action is transferred as if 1-29 originally issued by that court. The obligees in all bonds and 1-30 recognizances taken in and for the statutory probate court, and all 1-31 witnesses summoned to appear in the statutory probate court, are 1-32 required to appear before the court to which the cause of action is 1-33 transferred as if originally required to appear before the court to 1-34 which the transfer is made. 1-35 SECTION 2. (a) This Act takes effect September 1, 1999. 1-36 (b) Section 25.00221, Government Code, as added by this 1-37 Act, applies only to a cause of action filed on or after the 1-38 effective date of this Act. 1-39 SECTION 3. The importance of this legislation and the 1-40 crowded condition of the calendars in both houses create an 1-41 emergency and an imperative public necessity that the 1-42 constitutional rule requiring bills to be read on three several 1-43 days in each house be suspended, and this rule is hereby suspended. 1-44 * * * * *