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                                  * * * * *