By: Wentworth S.B. No. 1004
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 jurisdiction of a statutory probate court in
1-2 certain guardianship matters.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 607(b), Texas Probate Code, is amended to
1-5 read as follows:
1-6 (b) In a proceeding in a statutory probate court or district
1-7 court, the phrases "appertaining to estates" and "incident to an
1-8 estate" in this chapter include the appointment of guardians, the
1-9 issuance of letters of guardianship, all claims by or against a
1-10 guardianship estate, all actions for trial of title to land and for
1-11 the enforcement of liens on the land, all actions for trial of the
1-12 right of property, and generally all matters relating to the
1-13 settlement, partition, and distribution of a guardianship estate.
1-14 A statutory probate court, in the exercise of its jurisdiction and
1-15 notwithstanding any other provision of this chapter, may hear all
1-16 suits, actions, and applications filed against or on behalf of any
1-17 guardianship; all such suits, actions, and applications are
1-18 appertaining to and incident to an estate. In a situation in which
1-19 the jurisdiction of a statutory probate court is concurrent with
1-20 that of a district court, a cause of action appertaining to or
1-21 incident to a guardianship estate shall be brought in a statutory
1-22 probate court rather than in the district court.
2-1 SECTION 2. This Act takes effect September 1, 1999.