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A BILL TO BE ENTITLED
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AN ACT
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relating to venue or transfer of certain probate matters and |
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guardianship matters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15.007, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 15.007. CONFLICT WITH CERTAIN PROVISIONS. |
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Notwithstanding Sections 15.004, 15.005, and 15.031, to the |
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extent that venue under this chapter for a suit by or against an |
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executor, administrator, or guardian as such, for personal injury, |
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death, or any property damage related to the personal injury or |
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death suit conflicts with venue provisions under the Texas Probate |
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Code, this chapter controls. |
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SECTION 2. Section 5B(b), Texas Probate Code, is amended to |
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read as follows: |
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(b) Except with respect to a cause of action described by |
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Section 15.007, Civil Practice and Remedies Code, or Section |
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123.005, Property Code, venue of a cause of action described by |
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Subsection (a) of this section is proper, as provided by Section |
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7(a) of this code, in the statutory probate court in which the |
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estate is pending, and the judge of the statutory probate court may |
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transfer the cause of action as provided by Subsection (a) of this |
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section to the statutory probate court, regardless of whether venue |
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would otherwise be proper or mandatory in the county of the court |
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from which the action will be transferred. [Notwithstanding any
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other provision of this chapter, the proper venue for an action by
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or against a personal representative for personal injury, death, or
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property damages is determined under Section 15.007, Civil Practice
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and Remedies Code.] |
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SECTION 3. Chapter I, Texas Probate Code, is amended by |
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adding Section 7 to read as follows: |
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Sec. 7. VENUE FOR CERTAIN ACTIONS APPERTAINING TO OR |
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INCIDENT TO AN ESTATE OR IN WHICH PERSONAL REPRESENTATIVE IS PARTY. |
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(a) Except with respect to a cause of action described by Section |
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15.007, Civil Practice and Remedies Code, venue for the following |
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is proper in the court in which the estate is pending: |
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(1) a cause of action appertaining to or incident to a |
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decedent's estate; and |
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(2) a cause of action in which the personal |
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representative of a decedent's estate is a party. |
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(b) Except with respect to a cause of action described by |
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Section 15.007, Civil Practice and Remedies Code, venue for a cause |
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of action against a former personal representative of a decedent's |
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estate is proper in the court in which the estate is pending or was |
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last pending. |
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(c) Notwithstanding any other provision of this chapter, |
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the proper venue for an action by or against a personal |
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representative for personal injury, death, or any property damages |
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related to the personal injury or death action is determined under |
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Section 15.007, Civil Practice and Remedies Code. |
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SECTION 4. Section 608, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 608. TRANSFER OF GUARDIANSHIP PROCEEDING. (a) A judge |
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of a statutory probate court, on the motion of a party to the action |
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or of a person interested in a guardianship, may transfer to the |
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judge's court from a district, county, or statutory court a cause of |
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action appertaining to or incident to a guardianship estate that is |
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pending in the statutory probate court or a cause of action relating |
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to a guardianship in which a guardian, ward, or proposed ward in a |
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guardianship pending in the statutory probate court is a party and |
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may consolidate the transferred cause of action with the other |
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proceedings in the statutory probate court relating to the |
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guardianship estate. |
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(b) Except with respect to a cause of action described by |
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Section 15.007, Civil Practice and Remedies Code, or Section |
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123.005, Property Code, venue of a cause of action described by |
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Subsection (a) of this section is proper, as provided by Section |
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610A(a) of this code, in the statutory probate court in which the |
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guardianship is pending, and the judge of the statutory probate |
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court may transfer the cause of action as provided by Subsection (a) |
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of this section to the statutory probate court, regardless of |
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whether venue would otherwise be proper or mandatory in the county |
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of the court from which the action will be transferred. |
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SECTION 5. Subpart B, Part 2, Chapter XIII, Texas Probate |
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Code, is amended by adding Section 610A to read as follows: |
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Sec. 610A. VENUE FOR CERTAIN ACTIONS APPERTAINING TO OR |
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INCIDENT TO AN ESTATE OR IN WHICH GUARDIAN, WARD, OR PROPOSED WARD |
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IS PARTY. (a) Except with respect to a cause of action described |
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by Section 15.007, Civil Practice and Remedies Code, venue for the |
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following is proper in the court in which the guardianship estate is |
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pending: |
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(1) a cause of action appertaining to or incident to a |
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guardianship estate; and |
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(2) a cause of action related to a guardianship in |
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which a guardian, ward, or proposed ward is a party. |
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(b) Except with respect to a cause of action described by |
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Section 15.007, Civil Practice and Remedies Code, venue for a cause |
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of action against a former guardian of a ward is proper in the court |
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in which the ward's guardianship is pending or was last pending. |
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(c) Notwithstanding any other provision of this chapter, |
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the proper venue for an action by or against a guardian for personal |
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injury, death, or any property damages related to the personal |
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injury or death action is determined under Section 15.007, Civil |
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Practice and Remedies Code. |
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SECTION 6. Sections 5A(f) and 607(e), Texas Probate Code, |
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are repealed. |
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SECTION 7. The changes in law made by this Act apply only to |
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actions commenced on or after the effective date of this Act. An |
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action that is commenced before the effective date of this Act is |
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governed by the law applicable to the action immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 8. This Act takes effect September 1, 2009. |