HBA-KDB, SEP H.B. 536 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 536
By: Thompson
Judicial Affairs
6/13/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, in counties that did not have a probate
court but did have a county court at law and a constitutional county court,
the county court at law and the constitutional county court shared original
jurisdiction over decedent's estates, guardianships, and mental health
proceedings.  In a county that has a statutory probate court, the statutory
probate court is the only court with jurisdiction over probate,
guardianship, and mental health matters.  However, provisions in the Texas
Probate Code indicate that in a county with a statutory probate court a
person may file probate, guardianship, and mental health proceedings in the
county court at law and the constitutional county court.  House Bill 536
clarifies jurisdiction by establishing that in a county with a statutory
probate court, the statutory probate court is the only one with probate
jurisdiction. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 536 amends the Texas Probate Code to require all applications,
petitions, and motions regarding probate, administrations, guardianships,
or mental illness matters to be filed and heard in a statutory probate
court for those counties in which there is a statutory probate court (Secs.
5 and 606). 

EFFECTIVE DATE

September 1, 2001.