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 * * * * *