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.