SRC-BWC H.B. 534 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 534
77R850 JMG-DBy: Thompson (Wentworth)
Jurisprudence
5/4/2001
Engrossed


DIGEST AND PURPOSE 

Under certain circumstances, the presiding judge of a statutory probate
court in Texas can assign a current, former, or retired statutory probate
judge to hear matters in any statutory court exercising probate
jurisdiction.  Such a judge retains the specific jurisdictional powers
assigned the judge and approximates the jurisdictional powers of a sitting
probate judge, but the assigned judge cannot transfer particular causes of
action that are related to the proceedings in the court to which the judge
was assigned.  Without the power to transfer related actions, an assigned
judge is unable to exercise jurisdiction that may promote judicial
efficiency and economy.  H.B. 534 includes transfer of estate and
guardianship proceedings within the jurisdiction, powers, and duties
assigned to statutory probate court judges by general law.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 25.0022(n), Government Code, to provide that a
judge assigned under this section has the jurisdiction, powers, and duties
given by Sections 5, 5A, 5B, 606, 607, and 608, Texas Probate Code, to
statutory probate court judges by general law, rather than to the regular
judge of the court to which assigned.  

SECTION 2.  Effective date: September 1, 2001.