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.