By: Laubenberg (Senate Sponsor - Deuell) H.B. No. 585

(In the Senate - Received from the House March 26, 2007; March 29, 2007, read first time and referred to Committee on Jurisprudence; May 3, 2007, reported favorably by the following vote: Yeas 4, Nays 0; May 3, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the jurisdiction of a probate court in certain guardianship proceedings.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 154.309(c), Family Code, is amended to read as follows:

(c) A court that obtains continuing, exclusive jurisdiction of a suit affecting the parent-child relationship involving a disabled person who is a child retains continuing, exclusive jurisdiction of subsequent proceedings involving the person, including proceedings after the person is an adult. Notwithstanding this subsection and any other law, a probate court may exercise jurisdiction in a guardianship proceeding for the person after the person is an adult.

SECTION 2. Section 606, Texas Probate Code, is amended by adding Subsection (k) to read as follows:

(k) A statutory probate court or other court exercising the jurisdiction of a probate court has jurisdiction in a guardianship proceeding involving a disabled adult for whom another court obtained continuing, exclusive jurisdiction in a suit affecting the parent-child relationship when the person was a child.

SECTION 3. The change in law made by this Act applies to a guardianship proceeding pending in a trial court on or filed on or after the effective date of this Act.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.

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