This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                

79R6070 CLG-D

By:  Solis                                                        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.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 5B, Texas Probate Code, is amended by 
adding Subsection (c) to read as follows:
	(c)  Notwithstanding any other provision of this chapter or a 
provision of Chapter 15, 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 2.  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)  Notwithstanding any other provision of this chapter or a 
provision of Chapter 15, 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.  (a)  The changes in law made by this Act to 
Sections 5B and 608, Texas Probate Court, apply to all actions:
		(1)  commenced on or after the effective date of this 
Act; or               
		(2)  pending on the effective date of this Act and in 
which the trial, or any new trial or retrial following motion, 
appeal, or otherwise, begins on or after that effective date.
	(b)  For an action that is commenced before the effective 
date of this Act, a trial, new trial, or retrial that is in progress 
on the effective date is governed by the law applicable to that 
trial, new trial, or retrial immediately before that date, and that 
law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2005.