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