1-1 By: Thompson (Senate Sponsor - Wentworth) H.B. No. 689
1-2 (In the Senate - Received from the House April 9, 2001;
1-3 April 9, 2001, read first time and referred to Committee on
1-4 Jurisprudence; May 8, 2001, reported favorably by the following
1-5 vote: Yeas 4, Nays 1; May 8, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the jurisdiction of statutory probate courts and to
1-9 conforming procedures for transferring juvenile proceedings to
1-10 certain courts.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 25.0021, Government Code, is amended to
1-13 read as follows:
1-14 Sec. 25.0021. JURISDICTION. (a) If this section conflicts
1-15 with a specific provision for a particular statutory probate court
1-16 or county, the specific provision controls, except that this
1-17 section controls over a specific provision for a particular court
1-18 or county if the specific provision attempts to create jurisdiction
1-19 in a statutory probate court other than jurisdiction over probate,
1-20 guardianship, mental health, or eminent domain proceedings.
1-21 (b) A statutory probate court as that term is defined in
1-22 Section 3(ii), Texas Probate Code, has:
1-23 (1) the general jurisdiction of a probate court as
1-24 provided by the Texas Probate Code; and
1-25 (2) the jurisdiction provided by law for a county
1-26 court to hear and determine actions, cases, matters, or proceedings
1-27 instituted under:
1-28 (A) Section 166.046, 192.027, 193.007, 552.015,
1-29 552.019, 711.004, or 714.003, Health and Safety Code;
1-30 (B) Chapter 462, Health and Safety Code; or
1-31 (C) Subtitle C or D, Title 7, Health and Safety
1-32 Code.
1-33 (c) Subsection (a) does not apply to the Probate Court of
1-34 Denton County. This subsection expires May 1, 2002.
1-35 SECTION 2. (a) Section 25.0635(a), Government Code, is
1-36 amended to read as follows:
1-37 [(a)] A statutory probate court in Denton County has the
1-38 jurisdiction provided by Section 25.0021 [law for a county court
1-39 except that the court does not have the juvenile jurisdiction,
1-40 jurisdiction over misdemeanors under Section 26.045, habeas corpus
1-41 jurisdiction, or appellate criminal jurisdiction provided by law
1-42 for county courts. A statutory probate court has no criminal
1-43 jurisdiction other than the contempt powers provided by general law
1-44 for county courts].
1-45 (b) Sections 25.0635(b)-(c), Government Code, are repealed.
1-46 SECTION 3. The following provisions are repealed:
1-47 (1) Section 25.0032, Government Code, as added by
1-48 Chapter 394, Acts of the 72nd Legislature, Regular Session, 1991;
1-49 and
1-50 (2) Sections 24.614(c) and (d), 25.00266, 25.0595(a),
1-51 25.0633(c), 25.0733(b) and (e), 25.0862(b-1), (c), and (d),
1-52 25.1034(a), 25.2224(a), and 25.2293(a), (b), and (d), Government
1-53 Code.
1-54 SECTION 4. (a) Except as provided by Section 5 of this Act,
1-55 a judge of a statutory probate court shall transfer all actions,
1-56 cases, matters, or proceedings over which the court loses
1-57 jurisdiction under this Act and that are pending in the court on
1-58 September 1, 2001, to a district or county court in the county with
1-59 jurisdiction over the action, case, matter, or proceeding.
1-60 (b) When an action, case, matter, or proceeding is
1-61 transferred as provided by Subsection (a) of this section, all
1-62 processes, writs, bonds, recognizances, or other obligations issued
1-63 from the transferring court are returnable to the court to which
1-64 the action, case, matter, or proceeding is transferred as if
2-1 originally issued by that court. The obligee on all bonds and
2-2 recognizances taken in and for a court from which an action, case,
2-3 matter, or proceeding is transferred and all witnesses summoned to
2-4 appear in a court from which an action, case, matter, or proceeding
2-5 is transferred are required to appear before the court to which a
2-6 case is transferred as if originally required to appear before the
2-7 court to which the transfer is made.
2-8 SECTION 5. (a) A judge of a statutory probate court in
2-9 Denton County shall transfer all actions, cases, matters, or
2-10 proceedings over which the court loses jurisdiction under this Act
2-11 and that are pending in the court on May 1, 2002, to a district or
2-12 county court in the county with jurisdiction over the action, case,
2-13 matter, or proceeding.
2-14 (b) When an action, case, matter, or proceeding is
2-15 transferred as provided by Subsection (a) of this section, all
2-16 processes, writs, bonds, recognizances, or other obligations issued
2-17 from the transferring court are returnable to the court to which
2-18 the action, case, matter, or proceeding is transferred as if
2-19 originally issued by that court. The obligee on all bonds and
2-20 recognizances taken in and for a court from which an action, case,
2-21 matter, or proceeding is transferred and all witnesses summoned to
2-22 appear in a court from which an action, case, matter, or proceeding
2-23 is transferred are required to appear before the court to which an
2-24 action, case, matter, or proceeding is transferred as if originally
2-25 required to appear before the court to which the transfer is made.
2-26 SECTION 6. A judge of a county court at law who is sitting
2-27 for a judge of a statutory probate court under Section 25.0733(e),
2-28 Government Code, immediately before the effective date of this Act
2-29 may continue to serve in that capacity until the regular statutory
2-30 probate court judge becomes available.
2-31 SECTION 7. (a) Except as provided by Subsection (b) of this
2-32 section, this Act takes effect September 1, 2001.
2-33 (b) Section 2 of this Act takes effect May 1, 2002.
2-34 * * * * *