By Thompson H.B. No. 536
77R1304 KLA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the jurisdiction of a statutory probate court and other
1-3 courts of record in certain matters.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5, Texas Probate Code, is amended to read
1-6 as follows:
1-7 Sec. 5. JURISDICTION OF DISTRICT COURT AND OTHER COURTS OF
1-8 RECORD WITH RESPECT TO PROBATE PROCEEDINGS AND APPEALS FROM PROBATE
1-9 ORDERS. (a) The district court shall have original control and
1-10 jurisdiction over executors and administrators under such
1-11 regulations as may be prescribed by law.
1-12 (b) In those counties in which [where] there is no statutory
1-13 probate court, county court at law, or other statutory court
1-14 exercising the jurisdiction of a probate court, all applications,
1-15 petitions, and motions regarding probate and administrations shall
1-16 be filed and heard in the county court, except that in contested
1-17 probate matters, the judge of the county court may on the judge's
1-18 [his] own motion (or shall on the motion of any party to the
1-19 proceeding, according to the motion) request as provided by Section
1-20 25.0022, Government Code, the assignment of a statutory probate
1-21 court judge to hear the contested portion of the proceeding, or
1-22 transfer the contested portion of the proceeding to the district
1-23 court, which may then hear contested matter as if originally filed
1-24 in district court. If the judge of the county court has not
2-1 transferred a contested probate matter to the district court at the
2-2 time a party files a motion for assignment of a statutory probate
2-3 court judge, the county judge shall grant the motion and may not
2-4 transfer the matter to district court unless the party withdraws
2-5 the motion. A statutory probate court judge assigned to a
2-6 contested probate matter as provided by this subsection has for
2-7 that matter the jurisdiction and authority granted to a statutory
2-8 probate court by Sections 5A and 5B of this code. The county court
2-9 shall continue to exercise jurisdiction over the management of the
2-10 estate with the exception of the contested matter until final
2-11 disposition of the contested matter is made by the assigned judge
2-12 or the district court. In contested matters transferred to the
2-13 district court in those counties, the district court, concurrently
2-14 with the county court, shall have the general jurisdiction of a
2-15 probate court. Upon resolution of all pending contested matters,
2-16 the contested portion of the probate proceeding shall be
2-17 transferred by the district court to the county court for further
2-18 proceedings not inconsistent with the orders of the district court.
2-19 If a contested portion of the proceeding is transferred to a
2-20 district court under this subsection, the clerk of the district
2-21 court may perform in relation to the transferred portion of the
2-22 proceeding any function a county clerk may perform in that type of
2-23 contested proceeding.
2-24 (c) In those counties in which [where] there is no [a]
2-25 statutory probate court, but in which there is a county court at
2-26 law[,] or other statutory court exercising the jurisdiction of a
2-27 probate court, all applications, petitions, and motions regarding
3-1 probate and administrations shall be filed and heard in those
3-2 [such] courts and the constitutional county court, rather than in
3-3 the district courts, unless otherwise provided by law. The judge
3-4 of a county court [the legislature, and the judges of such courts]
3-5 may hear any of those [such] matters regarding probate or
3-6 administrations sitting for the judge of any other county court [of
3-7 such courts]. In contested probate matters, the judge of the
3-8 constitutional county court may on the judge's [his] own motion,
3-9 and shall on the motion of a [any] party to the proceeding,
3-10 transfer the proceeding to the [statutory probate court,] county
3-11 court at law[,] or a [other] statutory court exercising the
3-12 jurisdiction of a probate court other than a statutory probate
3-13 court[, which may then hear the proceeding as if originally filed
3-14 in such court]. The court to which the proceeding is transferred
3-15 may hear the proceeding as if originally filed in the court.
3-16 (d) In those counties in which there is a statutory probate
3-17 court, all applications, petitions, and motions regarding probate
3-18 or administrations shall be filed and heard in the statutory
3-19 probate court, unless otherwise provided by law.
3-20 (e) A statutory probate court has concurrent jurisdiction
3-21 with the district court in all actions by or against a person in
3-22 the person's capacity as a personal representative, in all actions
3-23 involving an inter vivos trust, in all actions involving a
3-24 charitable trust, and in all actions involving a testamentary
3-25 trust.
3-26 (f) [(e)] All courts exercising original probate
3-27 jurisdiction shall have the power to hear all matters incident to
4-1 an estate. When a surety is called on to perform in place of an
4-2 administrator, all courts exercising original probate jurisdiction
4-3 may award judgment against the personal representative in favor of
4-4 his surety in the same suit.
4-5 (g) [(f)] All final orders of any court exercising original
4-6 probate jurisdiction shall be appealable to the courts of appeals.
4-7 SECTION 2. Section 606, Texas Probate Code, is amended to
4-8 read as follows:
4-9 Sec. 606. DISTRICT COURT AND OTHER COURT OF RECORD
4-10 JURISDICTION. (a) The district court has original control and
4-11 jurisdiction over guardians and wards under regulations as may be
4-12 prescribed by law.
4-13 (b) In those counties in which there is no statutory probate
4-14 court, county court at law, or other statutory court exercising the
4-15 jurisdiction of a probate court, all applications, petitions, and
4-16 motions regarding guardianships, mental health matters, and other
4-17 matters covered by this chapter shall be filed and heard in the
4-18 county court, except that in contested guardianship matters, the
4-19 judge of the county court may on the judge's own motion, or shall
4-20 on the motion of any party to the proceeding, according to the
4-21 motion, request as provided by Section 25.0022, Government Code,
4-22 the assignment of a statutory probate court judge to hear the
4-23 contested portion of the proceeding, or transfer the contested
4-24 portion of the proceeding to the district court, which may hear the
4-25 transferred contested matters as if originally filed in the
4-26 district court. If the judge of the county court has not
4-27 transferred a contested guardianship matter to the district court
5-1 at the time a party files a motion for assignment of a statutory
5-2 probate court judge, the county judge shall grant the motion and
5-3 may not transfer the matter to the district court unless the party
5-4 withdraws the motion. A statutory probate court judge assigned to
5-5 a contested probate matter as provided by this subsection has for
5-6 that matter the jurisdiction and authority granted to a statutory
5-7 probate court by Sections 607 and 608 of this code. The county
5-8 court continues to exercise jurisdiction over the management of the
5-9 guardianship with the exception of the contested matter until final
5-10 disposition of the contested matter is made by the assigned judge
5-11 or the district court. In contested matters transferred to the
5-12 district court as provided by this subsection, the district court,
5-13 concurrently with the county court, has the general jurisdiction of
5-14 a probate court. On resolution of all pending contested matters,
5-15 the district court shall transfer the contested portion of the
5-16 guardianship proceeding to the county court for further proceedings
5-17 not inconsistent with the orders of the district court. If a
5-18 contested portion of the proceeding is transferred to a district
5-19 court under this subsection, the clerk of the district court may
5-20 perform in relation to the transferred portion of the proceeding
5-21 any function a county clerk may perform in that type of contested
5-22 proceeding.
5-23 (c) In those counties in which there is no [a] statutory
5-24 probate court, but in which there is a county court at law[,] or
5-25 other statutory court exercising the jurisdiction of a probate
5-26 court, all applications, petitions, and motions regarding
5-27 guardianships, mental illness matters, or other matters addressed
6-1 by this chapter shall be filed and heard in those courts and the
6-2 constitutional county court, rather than in the district courts,
6-3 unless otherwise provided by law. The [the legislature, and the]
6-4 judge of a county court may hear any of those matters sitting for
6-5 the judge of any other county court. Except as provided by Section
6-6 608 of this code, in contested guardianship matters, the judge of
6-7 the constitutional county court may on the judge's own motion, and
6-8 shall on the motion of a party to the proceeding, transfer the
6-9 proceeding to the [statutory probate court,] county court at law[,]
6-10 or a [other] statutory court exercising the jurisdiction of a
6-11 probate court other than a statutory probate court. The court to
6-12 which the proceeding is transferred may hear the proceeding as if
6-13 originally filed in the court.
6-14 (d) In those counties in which there is a statutory probate
6-15 court, all applications, petitions, and motions regarding
6-16 guardianships, mental illness matters, or other matters addressed
6-17 by this chapter shall be filed and heard in the statutory probate
6-18 court, unless otherwise provided by law.
6-19 (e) A statutory probate court has concurrent jurisdiction
6-20 with the district court in all actions by or against a person in
6-21 the person's capacity as guardian.
6-22 (f) [(e)] A court that exercises original probate
6-23 jurisdiction has the power to hear all matters incident to an
6-24 estate. When a surety is called on to perform in place of a
6-25 guardian or former guardian, a court exercising original probate
6-26 jurisdiction may award judgment against the guardian or former
6-27 guardian in favor of the surety of the guardian or former guardian
7-1 in the same suit, even if the ward has died, regained capacity, or
7-2 the ward's disabilities of minority have been removed.
7-3 (g) [(f)] A final order of a court that exercises original
7-4 probate jurisdiction is appealable to a court of appeals.
7-5 SECTION 3. The change in law made by this Act applies only to
7-6 a proceeding that is instituted on or after the effective date of
7-7 this Act. A proceeding that is instituted before the effective
7-8 date of this Act is governed by the law in effect on the date the
7-9 proceeding was instituted, and the former law is continued in
7-10 effect for that purpose.
7-11 SECTION 4. This Act takes effect September 1, 2001.