|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to venue or transfer of certain probate matters and |
|
|
guardianship matters. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. 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 any property damage related to the personal injury or |
|
|
death suit conflicts with venue provisions under the Texas Probate |
|
|
Code, this chapter controls. |
|
|
SECTION 2. Section 5B(b), Texas Probate Code, is amended to |
|
|
read as follows: |
|
|
(b) Except with respect to a cause of action described by |
|
|
Section 15.007, Civil Practice and Remedies Code, or Section |
|
|
123.005, Property Code, venue of a cause of action described by |
|
|
Subsection (a) of this section is proper, as provided by Section |
|
|
7(a) of this code, in the statutory probate court in which the |
|
|
estate is pending, and the judge of the statutory probate court may |
|
|
transfer the cause of action as provided by Subsection (a) of this |
|
|
section to the statutory probate court, regardless of whether venue |
|
|
would otherwise be proper or mandatory in the county of the court |
|
|
from which the action will be transferred. [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 is determined under Section 15.007, Civil Practice
|
|
|
and Remedies Code.] |
|
|
SECTION 3. Chapter I, Texas Probate Code, is amended by |
|
|
adding Section 7 to read as follows: |
|
|
Sec. 7. VENUE FOR CERTAIN ACTIONS APPERTAINING TO OR |
|
|
INCIDENT TO AN ESTATE OR IN WHICH PERSONAL REPRESENTATIVE IS PARTY. |
|
|
(a) Except with respect to a cause of action described by Section |
|
|
15.007, Civil Practice and Remedies Code, venue for the following |
|
|
is proper in the court in which the estate is pending: |
|
|
(1) a cause of action appertaining to or incident to a |
|
|
decedent's estate; and |
|
|
(2) a cause of action in which the personal |
|
|
representative of a decedent's estate is a party. |
|
|
(b) Except with respect to a cause of action described by |
|
|
Section 15.007, Civil Practice and Remedies Code, venue for a cause |
|
|
of action against a former personal representative of a decedent's |
|
|
estate is proper in the court in which the estate is pending or was |
|
|
last pending. |
|
|
(c) Notwithstanding any other provision of this chapter, |
|
|
the proper venue for an action by or against a personal |
|
|
representative for personal injury, death, or any property damages |
|
|
related to the personal injury or death action 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, or Section |
|
|
123.005, Property Code, venue of a cause of action described by |
|
|
Subsection (a) of this section is proper, as provided by Section |
|
|
610A(a) of this code, in the statutory probate court in which the |
|
|
guardianship is pending, and the judge of the statutory probate |
|
|
court may transfer the cause of action as provided by Subsection (a) |
|
|
of this section to the statutory probate court, regardless of |
|
|
whether venue would otherwise be proper or mandatory in the county |
|
|
of the court from which the action will be transferred. |
|
|
SECTION 5. Subpart B, Part 2, Chapter XIII, Texas Probate |
|
|
Code, is amended by adding Section 610A to read as follows: |
|
|
Sec. 610A. VENUE FOR CERTAIN ACTIONS APPERTAINING TO OR |
|
|
INCIDENT TO AN ESTATE OR IN WHICH GUARDIAN, WARD, OR PROPOSED WARD |
|
|
IS PARTY. (a) Except with respect to a cause of action described |
|
|
by Section 15.007, Civil Practice and Remedies Code, venue for the |
|
|
following is proper in the court in which the guardianship estate is |
|
|
pending: |
|
|
(1) a cause of action appertaining to or incident to a |
|
|
guardianship estate; and |
|
|
(2) a cause of action related to a guardianship in |
|
|
which a guardian, ward, or proposed ward is a party. |
|
|
(b) Except with respect to a cause of action described by |
|
|
Section 15.007, Civil Practice and Remedies Code, venue for a cause |
|
|
of action against a former guardian of a ward is proper in the court |
|
|
in which the ward's guardianship is pending or was last pending. |
|
|
(c) Notwithstanding any other provision of this chapter, |
|
|
the proper venue for an action by or against a guardian for personal |
|
|
injury, death, or any property damages related to the personal |
|
|
injury or death action is determined under Section 15.007, Civil |
|
|
Practice and Remedies Code. |
|
|
SECTION 6. Sections 5A(f) and 607(e), Texas Probate Code, |
|
|
are repealed. |
|
|
SECTION 7. 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 8. This Act takes effect September 1, 2007. |