1-1 AN ACT
1-2 relating to the assignment of a statutory probate court judge to
1-3 hear a contested probate or guardianship matter.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5(b), Texas Probate Code, is amended to
1-6 read as follows:
1-7 (b) In those counties where there is no statutory probate
1-8 court, county court at law or other statutory court exercising the
1-9 jurisdiction of a probate court, all applications, petitions and
1-10 motions regarding probate and administrations shall be filed and
1-11 heard in the county court, except that in contested probate
1-12 matters, the judge of the county court may on his own motion (or
1-13 shall on the motion of any party to the proceeding, according to
1-14 the motion) request as provided by Section 25.0022, Government
1-15 Code, the assignment of a statutory probate court judge to hear the
1-16 contested portion of the proceeding, or transfer the contested
1-17 portion of the proceeding to the district court, which may then
1-18 hear contested matter as if originally filed in district court. If
1-19 the judge of the county court has not transferred a contested
1-20 probate matter to the district court at the time a party files a
1-21 motion for assignment of a statutory probate court judge, the
1-22 county judge shall grant the motion and may not transfer the matter
1-23 to district court unless the party withdraws the motion. A
1-24 statutory probate court judge assigned to a contested probate
2-1 matter as provided by this subsection has for that matter the
2-2 jurisdiction and authority granted to a statutory probate court by
2-3 Sections 5A and 5B of this code. The county court shall continue
2-4 to exercise jurisdiction over the management of the estate with the
2-5 exception of the contested matter until final disposition of the
2-6 contested matter is made by the assigned judge or the district
2-7 court. In contested matters transferred to the district court in
2-8 those counties, the district court, concurrently with the county
2-9 court, shall have the general jurisdiction of a probate court.
2-10 Upon resolution of all pending contested matters, the contested
2-11 portion of the probate proceeding shall be transferred by the
2-12 district court to the county court for further proceedings not
2-13 inconsistent with the orders of the district court. If a contested
2-14 portion of the proceeding is transferred to a district court under
2-15 this subsection, the clerk of the district court may perform in
2-16 relation to the transferred portion of the proceeding any function
2-17 a county clerk may perform in that type of contested proceeding.
2-18 SECTION 2. Section 606(b), Texas Probate Code, is amended to
2-19 read as follows:
2-20 (b) In those counties in which there is no statutory probate
2-21 court, county court at law, or other statutory court exercising the
2-22 jurisdiction of a probate court, all applications, petitions and
2-23 motions regarding guardianships, mental health matters, and other
2-24 matters covered by this chapter shall be filed and heard in the
2-25 county court, except that in contested guardianship matters, the
2-26 judge of the county court may on the judge's own motion, or shall
2-27 on the motion of any party to the proceeding, according to the
3-1 motion, request as provided by Section 25.0022, Government Code,
3-2 the assignment of a statutory probate court judge to hear the
3-3 contested portion of the proceeding, or transfer the contested
3-4 portion of the proceeding to the district court, which may hear the
3-5 transferred contested matters as if originally filed in the
3-6 district court. If the judge of the county court has not
3-7 transferred a contested guardianship matter to the district court
3-8 at the time a party files a motion for assignment of a statutory
3-9 probate court judge, the county judge shall grant the motion and
3-10 may not transfer the matter to district court unless the party
3-11 withdraws the motion. A statutory probate court judge assigned to
3-12 a contested probate matter as provided by this subsection has for
3-13 that matter the jurisdiction and authority granted to a statutory
3-14 probate court by Sections 607 and 608 of this code. The county
3-15 court continues to exercise jurisdiction over the management of the
3-16 guardianship with the exception of the contested matter until final
3-17 disposition of the contested matter is made by the assigned judge
3-18 or the district court. In contested matters transferred to the
3-19 district court as provided by this subsection, the district court,
3-20 concurrently with the county court, has the general jurisdiction of
3-21 a probate court. On resolution of all pending contested matters,
3-22 the district court shall transfer the contested portion of the
3-23 guardianship proceeding to the county court for further proceedings
3-24 not inconsistent with the orders of the district court. If a
3-25 contested portion of the proceeding is transferred to a district
3-26 court under this subsection, the clerk of the district court may
3-27 perform in relation to the transferred portion of the proceeding
4-1 any function a county clerk may perform in that type of contested
4-2 proceeding.
4-3 SECTION 3. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended,
4-8 and that this Act take effect and be in force from and after its
4-9 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1607 was passed by the House on May
8, 1999, by the following vote: Yeas 143, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1607 on May 28, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1607 was passed by the Senate, with
amendments, on May 24, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor