By:  Wentworth                                        S.B. No. 1002
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the transfer of cases by statutory probate courts.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Subchapter B, Chapter 25, Government Code, is
 1-4     amended by adding Section 25.00221 to read as follows:
 1-5           Sec. 25.00221.  TRANSFER OF CASES.  (a)  The judge of a
 1-6     statutory probate court may transfer a cause of action pending in
 1-7     that court to another statutory probate court in the same county
 1-8     that has jurisdiction over the cause of action that is transferred.
 1-9           (b)  If the judge of a statutory probate court that has
1-10     jurisdiction over a cause of action appertaining to or incident to
1-11     an estate pending in the statutory probate court determines that
1-12     the court no longer has jurisdiction over the cause of action, the
1-13     judge may transfer that cause of action to a district court, county
1-14     court, statutory county court, or justice court located in the same
1-15     county that has jurisdiction over the cause of action that is
1-16     transferred.
1-17           (c)  When a cause of action is transferred from a statutory
1-18     probate court to another court as provided by Subsection (a) or
1-19     (b), all processes, writs, bonds, recognizances, or other
1-20     obligations issued from the statutory probate court are returnable
1-21     to the court to which the cause of action is transferred as if
1-22     originally issued by that court.  The obligees in all bonds and
 2-1     recognizances taken in and for the statutory probate court, and all
 2-2     witnesses summoned to appear in the statutory probate court, are
 2-3     required to appear before the court to which the cause of action is
 2-4     transferred as if originally required to appear before the court to
 2-5     which the transfer is made.
 2-6           SECTION 2.  (a)  This Act takes effect September 1, 1999.
 2-7           (b)  Section 25.00221,  Government Code, as added by this
 2-8     Act, applies only to a cause of action filed on or after the
 2-9     effective date of this Act.