1-1     By:  Thompson (Senate Sponsor - Wentworth)             H.B. No. 536
 1-2           (In the Senate - Received from the House April 2, 2001;
 1-3     April 3, 2001, read first time and referred to Committee on
 1-4     Jurisprudence; April 18, 2001, reported favorably by the following
 1-5     vote:  Yeas 5, Nays 0; April 18, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the jurisdiction of a statutory probate court and other
 1-9     courts of record in certain matters.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 5, Texas Probate Code, is amended to read
1-12     as follows:
1-13           Sec. 5.  JURISDICTION OF DISTRICT COURT AND OTHER COURTS OF
1-14     RECORD WITH RESPECT TO PROBATE PROCEEDINGS AND APPEALS FROM PROBATE
1-15     ORDERS.  (a)  The district court shall have original control and
1-16     jurisdiction over executors and administrators under such
1-17     regulations as may be prescribed by law.
1-18           (b)  In those counties in which [where] there is no statutory
1-19     probate court, county court at law, or other statutory court
1-20     exercising the jurisdiction of a probate court, all applications,
1-21     petitions, and motions regarding probate and administrations shall
1-22     be filed and heard in the county court, except that in contested
1-23     probate matters, the judge of the county court may on the judge's
1-24     [his] own motion (or shall on the motion of any party to the
1-25     proceeding, according to the motion) request as provided by Section
1-26     25.0022, Government Code, the assignment of a statutory probate
1-27     court judge to hear the contested portion of the proceeding, or
1-28     transfer the contested portion of the proceeding to the district
1-29     court, which may then hear contested matter as if originally filed
1-30     in district court.  If the judge of the county court has not
1-31     transferred a contested probate matter to the district court at the
1-32     time a party files a motion for assignment of a statutory probate
1-33     court judge, the county judge shall grant the motion and may not
1-34     transfer the matter to district court unless the party withdraws
1-35     the motion.  A statutory probate court judge assigned to a
1-36     contested probate matter as provided by this subsection has for
1-37     that matter the jurisdiction and authority granted to a statutory
1-38     probate court by Sections 5A and 5B of this code.  The county court
1-39     shall continue to exercise jurisdiction over the management of the
1-40     estate with the exception of the contested matter until final
1-41     disposition of the contested matter is made by the assigned judge
1-42     or the district court.  In contested matters transferred to the
1-43     district court in those counties, the district court, concurrently
1-44     with the county court, shall have the general jurisdiction of a
1-45     probate court.  Upon resolution of all pending contested matters,
1-46     the contested portion of the probate proceeding shall be
1-47     transferred by the district court to the county court for further
1-48     proceedings not inconsistent with the orders of the district court.
1-49     If a contested portion of the proceeding is transferred to a
1-50     district court under this subsection, the clerk of the district
1-51     court may perform in relation to the transferred portion of the
1-52     proceeding any function a county clerk may perform in that type of
1-53     contested proceeding.
1-54           (c)  In those counties in which [where] there is no [a]
1-55     statutory probate court, but in which there is a county court at
1-56     law[,] or other statutory court exercising the jurisdiction of a
1-57     probate court, all applications, petitions, and motions regarding
1-58     probate and administrations shall be filed and heard in those
1-59     [such] courts and the constitutional county court, rather than in
1-60     the district courts, unless otherwise provided by law.  The judge
1-61     of a county court [the legislature, and the judges of such courts]
1-62     may hear any of those [such] matters regarding probate or
1-63     administrations sitting for the judge of any other county court [of
1-64     such courts].  In contested probate matters, the judge of the
 2-1     constitutional county court may on the judge's [his] own motion,
 2-2     and shall on the motion of a [any] party to the proceeding,
 2-3     transfer the proceeding to the [statutory probate court,] county
 2-4     court at law[,] or a [other] statutory court exercising the
 2-5     jurisdiction of a probate court other than a statutory probate
 2-6     court[, which may then hear the proceeding as if originally filed
 2-7     in such court].  The court to which the proceeding is transferred
 2-8     may hear the proceeding as if originally filed in the court.
 2-9           (d)  In those counties in which there is a statutory probate
2-10     court, all applications, petitions, and motions regarding probate
2-11     or administrations shall be filed and heard in the statutory
2-12     probate court, unless otherwise provided by law.
2-13           (e)  A statutory probate court has concurrent jurisdiction
2-14     with the district court in all actions by or against a person in
2-15     the person's capacity as a personal representative, in all actions
2-16     involving an inter vivos trust, in all actions involving a
2-17     charitable trust, and in all actions involving a testamentary
2-18     trust.
2-19           (f) [(e)]  All courts exercising original probate
2-20     jurisdiction shall have the power to hear all matters incident to
2-21     an estate. When a surety is called on to perform in place of an
2-22     administrator, all courts exercising original probate jurisdiction
2-23     may award judgment against the personal representative in favor of
2-24     his surety in the same suit.
2-25           (g) [(f)]  All final orders of any court exercising original
2-26     probate jurisdiction shall be appealable to the courts of appeals.
2-27           SECTION 2.  Section 606, Texas Probate Code, is amended to
2-28     read as follows:
2-29           Sec. 606.  DISTRICT COURT AND OTHER COURT OF RECORD
2-30     JURISDICTION.  (a)  The district court has original control and
2-31     jurisdiction over guardians and wards under regulations as may be
2-32     prescribed by law.
2-33           (b)  In those counties in which there is no statutory probate
2-34     court, county court at law, or other statutory court exercising the
2-35     jurisdiction of a probate court, all applications, petitions, and
2-36     motions regarding guardianships, mental health matters, and other
2-37     matters covered by this chapter shall be filed and heard in the
2-38     county court, except that in contested guardianship matters, the
2-39     judge of the county court may on the judge's own motion, or shall
2-40     on the motion of any party to the proceeding, according to the
2-41     motion, request as provided by Section 25.0022, Government Code,
2-42     the assignment of a statutory probate court judge to hear the
2-43     contested portion of the proceeding, or transfer the contested
2-44     portion of the proceeding to the district court, which may hear the
2-45     transferred contested matters as if originally filed in the
2-46     district court.  If the judge of the county court has not
2-47     transferred a contested guardianship matter to the district court
2-48     at the time a party files a motion for assignment of a statutory
2-49     probate court judge, the county judge shall grant the motion and
2-50     may not transfer the matter to the district court unless the party
2-51     withdraws the motion.  A statutory probate court judge assigned to
2-52     a contested probate matter as provided by this subsection has for
2-53     that matter the jurisdiction and authority granted to a statutory
2-54     probate court by Sections 607 and 608 of this code.  The county
2-55     court continues to exercise jurisdiction over the management of the
2-56     guardianship with the exception of the contested matter until final
2-57     disposition of the contested matter is made by the assigned judge
2-58     or the district court.  In contested matters transferred to the
2-59     district court as provided by this subsection, the district court,
2-60     concurrently with the county court, has the general jurisdiction of
2-61     a probate court. On resolution of all pending contested matters,
2-62     the district court shall transfer the contested portion of the
2-63     guardianship proceeding to the county court for further proceedings
2-64     not inconsistent with the orders of the district court.  If a
2-65     contested portion of the proceeding is transferred to a district
2-66     court under this subsection, the clerk of the district court may
2-67     perform in relation to the transferred portion of the proceeding
2-68     any function a county clerk may perform in that type of contested
2-69     proceeding.
 3-1           (c)  In those counties in which there is no [a] statutory
 3-2     probate court, but in which there is a county court at law[,] or
 3-3     other statutory court exercising the jurisdiction of a probate
 3-4     court, all applications, petitions, and motions regarding
 3-5     guardianships, mental illness matters, or other matters addressed
 3-6     by this chapter shall be filed and heard in those courts and the
 3-7     constitutional county court, rather than in the district courts,
 3-8     unless otherwise provided by law.  The [the legislature, and the]
 3-9     judge of a county court may hear any of those matters sitting for
3-10     the judge of any other county court.  Except as provided by Section
3-11     608 of this code, in contested guardianship matters, the judge of
3-12     the constitutional county court may on the judge's own motion, and
3-13     shall on the motion of a party to the proceeding, transfer the
3-14     proceeding to the [statutory probate court,] county court at law[,]
3-15     or a [other] statutory court exercising the jurisdiction of a
3-16     probate court other than a statutory probate court.  The court to
3-17     which the proceeding is transferred may hear the proceeding as if
3-18     originally filed in the court.
3-19           (d)  In those counties in which there is a statutory probate
3-20     court, all applications, petitions, and motions regarding
3-21     guardianships, mental illness matters, or other matters addressed
3-22     by this chapter shall be filed and heard in the statutory probate
3-23     court, unless otherwise provided by law.
3-24           (e)  A statutory probate court has concurrent jurisdiction
3-25     with the district court in all actions by or against a person in
3-26     the person's capacity as guardian.
3-27           (f) [(e)]  A court that exercises original probate
3-28     jurisdiction has the power to hear all matters incident to an
3-29     estate.  When a surety is called on to perform in place of a
3-30     guardian or former guardian, a court exercising original probate
3-31     jurisdiction may award judgment against the guardian or former
3-32     guardian in favor of the surety of the guardian or former guardian
3-33     in the same suit, even if the ward has died, regained capacity, or
3-34     the ward's disabilities of minority have been removed.
3-35           (g) [(f)]  A final order of a court that exercises original
3-36     probate jurisdiction is appealable to a court of appeals.
3-37           SECTION 3.  The change in law made by this Act applies only
3-38     to a proceeding that is instituted on or after the effective date
3-39     of this Act.  A proceeding that is instituted before the effective
3-40     date of this Act is governed by the law in effect on the date the
3-41     proceeding was instituted, and the former law is continued in
3-42     effect for that purpose.
3-43           SECTION 4.  This Act takes effect September 1, 2001.
3-44                                  * * * * *