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A BILL TO BE ENTITLED
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AN ACT
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relating to transfer of certain probate matters and guardianship |
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matters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5B(a), Texas Probate Code, is amended to |
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read as follows: |
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(a) A judge of a statutory probate court, on the motion of a |
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party to the action or on the motion of a person interested in an |
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estate, may transfer to his court from a district, county, or |
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statutory court a cause of action appertaining to or incident to an |
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estate pending in the statutory probate court or a cause of action |
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in which a personal representative of an estate pending in the |
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statutory probate court is a party and may consolidate the |
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transferred cause of action with the other proceedings in the |
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statutory probate court relating to that estate. The judge of a |
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statutory probate court may transfer a cause of action described by |
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this subsection to the judge's court only if venue would otherwise |
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be proper or mandatory in the county of that statutory probate |
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court. |
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SECTION 2. 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 judge of a |
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statutory probate court, on the motion of a party to the action or |
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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. The judge of a statutory probate court may |
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transfer a cause of action described by this section to the judge's |
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court only if venue would otherwise be proper or mandatory in the |
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county of that statutory probate court. |
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SECTION 3. This Act takes effect September 1, 2009. |