1-1 By: Hartnett (Senate Sponsor - Wentworth) H.B. No. 2580 1-2 (In the Senate - Received from the House April 26, 1999; 1-3 April 27, 1999, read first time and referred to Committee on 1-4 Jurisprudence; May 11, 1999, reported favorably by the following 1-5 vote: Yeas 3, Nays 0; May 11, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the transfer of certain proceedings to a statutory 1-9 probate court. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Section 5B, Texas Probate Code, is amended to 1-12 read as follows: 1-13 Sec. 5B. TRANSFER OF PROCEEDING. A judge of a statutory 1-14 probate court, on the motion of a party to the action or on the 1-15 motion of a person interested in an estate, may transfer to his 1-16 court from a district, county, or statutory court a cause of action 1-17 appertaining to or incident to an estate pending in the statutory 1-18 probate court or a cause of action in which a personal 1-19 representative of an estate pending in the statutory probate court 1-20 is a party and may consolidate the transferred cause of action with 1-21 the other proceedings in the statutory probate court relating to 1-22 that estate. 1-23 SECTION 2. Section 608, Texas Probate Code, is amended to 1-24 read as follows: 1-25 Sec. 608. TRANSFER OF GUARDIANSHIP PROCEEDING. A judge of a 1-26 statutory probate court, on the motion of a party to the action or 1-27 of a person interested in a guardianship, may transfer to the 1-28 judge's court from a district, county, or statutory court a cause 1-29 of action appertaining to or incident to a guardianship estate that 1-30 is pending in the statutory probate court or a cause of action in 1-31 which a personal representative of an estate pending in the 1-32 statutory probate court is a party and may consolidate the 1-33 transferred cause of action with the other proceedings in the 1-34 statutory probate court relating to the guardianship estate. 1-35 SECTION 3. This Act takes effect September 1, 1999, and 1-36 applies only to a motion to transfer a cause of action filed on or 1-37 after that date. A motion to transfer a cause of action filed 1-38 before the effective date of this Act is governed by the law in 1-39 effect on the date the motion was filed, and the former law is 1-40 continued in effect for that purpose. 1-41 SECTION 4. The importance of this legislation and the 1-42 crowded condition of the calendars in both houses create an 1-43 emergency and an imperative public necessity that the 1-44 constitutional rule requiring bills to be read on three several 1-45 days in each house be suspended, and this rule is hereby suspended. 1-46 * * * * *