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79R16285 CLG-F


By:  Solis                                                        H.B. No. 2875

Substitute the following for H.B. No. 2875:                                   

By:  Hartnett                                                 C.S.H.B. No. 2875



A BILL TO BE ENTITLED

AN ACT

relating to a statutory probate court judge's authority to transfer 
certain proceedings from another court to the statutory probate 
court and to the venue for certain actions brought by or against a 
guardian, executor, or other personal representative.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 5A(f), Texas Probate Code, is amended to 
read as follows:
	(f)  Notwithstanding any other provision of this chapter, 
the proper venue for an action by or against a personal 
representative for personal injury, death, or property damages 
related to personal injury or death claims is determined under  
Section 15.007, Civil Practice and Remedies Code.
	SECTION 2.  Section 5B, Texas Probate Code, is amended by 
amending Subsection (b) and adding Subsection (c) to read as 
follows:
	(b)  Notwithstanding any other provision of this chapter, 
the proper venue for an action by or against a personal 
representative for personal injury, death, or property damages 
related to personal injury or death claims is determined under 
Section 15.007, Civil Practice and Remedies Code.
	(c)  Except with respect to a cause of action described by 
Section 15.007, Civil Practice and Remedies Code, a judge of a 
statutory probate court may transfer a cause of action described by 
Subsection (a) of this section from a court to the statutory probate 
court as provided by Subsection (a) even if venue for the action is 
proper or mandatory in the county of the court from which the action 
is to be transferred.
	SECTION 3.  Section 607(e), Texas Probate Code, is amended 
to read as follows:
	(e)  Notwithstanding any other provision of this chapter, 
the proper venue for an action by or against a guardian [personal 
representative] for personal injury, death, or property damages 
related to personal injury or death claims is determined under 
Section 15.007, Civil Practice and Remedies Code.
	SECTION 4.  Section 608, Texas Probate Code, is amended to 
read as follows:  
	Sec. 608.  TRANSFER OF GUARDIANSHIP PROCEEDING.  (a) A judge 
of a statutory probate court, on the motion of a party to the action 
or of a person interested in a guardianship, may transfer to the 
judge's court from a district, county, or statutory court a cause of 
action appertaining to or incident to a guardianship estate that is 
pending in the statutory probate court or a cause of action relating 
to a guardianship in which a guardian, ward, or proposed ward in a 
guardianship pending in the statutory probate court is a party and 
may consolidate the transferred cause of action with the other 
proceedings in the statutory probate court relating to the 
guardianship estate.
	(b)  Except with respect to a cause of action described by 
Section 15.007, Civil Practice and Remedies Code, a judge of a 
statutory probate court may transfer a cause of action described by 
Subsection (a) of this section from a court to the statutory probate 
court as provided by Subsection (a) even if venue for the action is 
proper or mandatory in the county of the court from which the action 
is to be transferred.
	SECTION 5.  Section 15.007, Civil Practice and Remedies 
Code, is amended to read as follows:
	Sec. 15.007.  CONFLICT WITH CERTAIN PROVISIONS. 
Notwithstanding  Sections 15.004,  15.005, and 15.031, to the 
extent that venue under this chapter for a suit by or against an 
executor, administrator, or guardian as such, for personal injury, 
death, or property damage related to personal injury or death 
claims conflicts with venue provisions under the Texas Probate 
Code, this chapter controls.
	SECTION 6.  The changes in law made by this Act apply only to 
actions commenced on or after the effective date of this Act.  An 
action that is commenced before the effective date of this Act is 
governed by the law applicable to the action immediately before the 
effective date of this Act, and that law is continued in effect for 
that purpose.
	SECTION 7.  This Act takes effect September 1, 2005.