1-1 By: Thompson (Senate Sponsor - Ellis) H.B. No. 1607 1-2 (In the Senate - Received from the House May 10, 1999; 1-3 May 10, 1999, read first time and referred to Committee on 1-4 Jurisprudence; May 14, 1999, reported favorably, as amended, by the 1-5 following vote: Yeas 3, Nays 0; May 14, 1999, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Ellis 1-7 AMENDMENT TO 1607 1-8 SECTION 2. Section 606(b), Texas Probate Code, is amended to 1-9 read as follows: 1-10 (b) In those counties in which there is no statutory probate 1-11 court, county court at law, or other statutory court exercising the 1-12 jurisdiction of a probate court, all applications, petitions and 1-13 motions regarding guardianships, mental health matters, and other 1-14 matters covered by this chapter shall be filed and heard in the 1-15 county court, except that in contested guardianship matters, the 1-16 judge of the county court may on the judge's own motion, or shall 1-17 on the motion of any party to the proceeding, according to the 1-18 motion, request as provided by Section 25.0022, Government Code, 1-19 the assignment of a statutory probate court judge to hear the 1-20 contested portion of the proceeding, or transfer the contested 1-21 portion of the proceeding to the district court, which may hear the 1-22 transferred contested matters as if originally filed in the 1-23 district court. If the judge of the county court has not 1-24 transferred a contested guardianship matter to the district court 1-25 at the time a party files a motion for assignment of a statutory 1-26 probate court judge, the county judge shall grant the motion and 1-27 may not transfer the matter to district court unless the party 1-28 withdraws the motion. A statutory probate court judge assigned to 1-29 a contested probate matter as provided by this subsection has for 1-30 that matter the jurisdiction and authority granted to a statutory 1-31 probate court by Sections 607 and 608 of this code. The county 1-32 court continues to exercise jurisdiction over the management of the 1-33 guardianship with the exception of the contested matter until final 1-34 disposition of the contested matter is made by the assigned judge 1-35 or the district court. In contested matters transferred to the 1-36 district court as provided by this subsection, the district court, 1-37 concurrently with the county court, has the general jurisdiction of 1-38 a probate court. On resolution of all pending contested matters, 1-39 the district court shall transfer the contested portion of the 1-40 guardianship proceeding to the county court for further proceedings 1-41 not inconsistent with the orders of the district court. If a 1-42 contested portion of the proceeding is transferred to a district 1-43 court under this subsection, the clerk of the district court may 1-44 perform in relation to the transferred portion of the proceeding 1-45 any function a county clerk may perform in that type of contested 1-46 proceeding. 1-47 A BILL TO BE ENTITLED 1-48 AN ACT 1-49 relating to the assignment of a statutory probate court judge to 1-50 hear a contested probate matter. 1-51 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-52 SECTION 1. Section 5(b), Texas Probate Code, is amended to 1-53 read as follows: 1-54 (b) In those counties where there is no statutory probate 1-55 court, county court at law or other statutory court exercising the 1-56 jurisdiction of a probate court, all applications, petitions and 1-57 motions regarding probate and administrations shall be filed and 1-58 heard in the county court, except that in contested probate 1-59 matters, the judge of the county court may on his own motion (or 1-60 shall on the motion of any party to the proceeding, according to 1-61 the motion) request as provided by Section 25.0022, Government 1-62 Code, the assignment of a statutory probate court judge to hear the 1-63 contested portion of the proceeding, or transfer the contested 2-1 portion of the proceeding to the district court, which may then 2-2 hear contested matter as if originally filed in district court. If 2-3 the judge of the county court has not transferred a contested 2-4 probate matter to the district court at the time a party files a 2-5 motion for assignment of a statutory probate court judge, the 2-6 county judge shall grant the motion and may not transfer the matter 2-7 to district court unless the party withdraws the motion. A 2-8 statutory probate court judge assigned to a contested probate 2-9 matter as provided by this subsection has for that matter the 2-10 jurisdiction and authority granted to a statutory probate court by 2-11 Sections 5A and 5B of this code. The county court shall continue 2-12 to exercise jurisdiction over the management of the estate with the 2-13 exception of the contested matter until final disposition of the 2-14 contested matter is made by the assigned judge or the district 2-15 court. In contested matters transferred to the district court in 2-16 those counties, the district court, concurrently with the county 2-17 court, shall have the general jurisdiction of a probate court. 2-18 Upon resolution of all pending contested matters, the contested 2-19 portion of the probate proceeding shall be transferred by the 2-20 district court to the county court for further proceedings not 2-21 inconsistent with the orders of the district court. If a contested 2-22 portion of the proceeding is transferred to a district court under 2-23 this subsection, the clerk of the district court may perform in 2-24 relation to the transferred portion of the proceeding any function 2-25 a county clerk may perform in that type of contested proceeding. 2-26 SECTION 2. The importance of this legislation and the 2-27 crowded condition of the calendars in both houses create an 2-28 emergency and an imperative public necessity that the 2-29 constitutional rule requiring bills to be read on three several 2-30 days in each house be suspended, and this rule is hereby suspended, 2-31 and that this Act take effect and be in force from and after its 2-32 passage, and it is so enacted. 2-33 * * * * *