1-1 By: Naishtat (Senate Sponsor - Wentworth) H.B. No. 3635
1-2 (In the Senate - Received from the House May 5, 1999;
1-3 May 6, 1999, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 7, 1999, rereferred to Committee
1-5 on Jurisprudence; May 11, 1999, reported favorably by the following
1-6 vote: Yeas 3, Nays 0; May 11, 1999, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the Probate Court No. 1 of Travis County.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 25.2293(b) and (d), Government Code, are
1-12 amended to read as follows:
1-13 (b) A statutory probate court has general jurisdiction,
1-14 concurrent with the jurisdiction of the county court, to hear and
1-15 determine all actions, cases, matters, or proceedings instituted
1-16 under the [
Subtitle D, Title 7,] Health and Safety Code.
1-17 (d) A statutory probate court may exercise the pendent and
1-18 ancillary jurisdiction necessary to promote judicial efficiency and
1-19 economy. A judge of a statutory probate court on the motion of a
1-20 party to the action or on the motion of a person interested in an
1-21 estate may[ , with the consent of the judge in whose court the case
1-22 is pending,] transfer to the judge's court from a district, county,
1-23 or other statutory court a cause of action in which a personal
1-24 representative [ , acting in the capacity of a personal
1-25 representative,] of an estate pending in a statutory probate court
1-26 is a party and may consolidate the transferred cause of action with
1-27 the other proceedings in the statutory probate court relating to
1-28 that estate.
1-29 SECTION 2. This Act takes effect September 1, 1999.
1-30 SECTION 3. Section 25.2293(d), Government Code, as amended
1-31 by this Act, applies only to a motion to transfer a proceeding to
1-32 the Probate Court No. 1 of Travis County filed on or after the
1-33 effective date of this Act. A motion to transfer a proceeding
1-34 filed before the effective date of this Act is governed by the law
1-35 in effect on the date the motion was filed and that law is
1-36 continued in effect for that purpose.
1-37 SECTION 4. The importance of this legislation and the
1-38 crowded condition of the calendars in both houses create an
1-39 emergency and an imperative public necessity that the
1-40 constitutional rule requiring bills to be read on three several
1-41 days in each house be suspended, and this rule is hereby suspended.
1-42 * * * * *