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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 81st |
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Legislature, Regular Session, 2009, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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Senate Bill No. 408 (jurisdiction, venue, and appeals in certain |
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matters, including the jurisdiction of and appeals from certain |
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courts and administrative decisions and the appointment of |
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counsel in certain appeals) to consider and take action on the |
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following matters: |
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(1) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text not included in either the house or senate |
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version of the bill by adding the following SECTIONs to the bill: |
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SECTION 12. (a) Section 3(bb), Texas Probate Code, is |
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amended to read as follows: |
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(bb) "Probate proceeding" is synonymous with the |
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terms "Probate matter," ["Probate proceedings,"] "Proceeding in |
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probate," and "Proceedings for probate." The term means a matter |
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or proceeding related to the estate of a decedent [are
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synonymous] and includes: |
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(1) the probate of a will, with or without |
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administration of the estate; |
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(2) the issuance of letters testamentary and |
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of administration; |
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(3) an heirship determination or small estate |
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affidavit, community property administration, and homestead and |
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family allowances; |
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(4) an application, petition, motion, or |
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action regarding the probate of a will or an estate |
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administration, including a claim for money owed by the decedent; |
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(5) a claim arising from an estate |
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administration and any action brought on the claim; |
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(6) the settling of a personal |
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representative's account of an estate and any other matter |
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related to the settlement, partition, or distribution of an |
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estate; and |
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(7) a will construction suit [include a matter
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or proceeding relating to the estate of a decedent]. |
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(b) Chapter I, Texas Probate Code, is amended by adding |
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Sections 4A, 4B, 4C, 4D, 4E, 4F, 4G, and 4H to read as follows: |
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Sec. 4A. GENERAL PROBATE COURT JURISDICTION; APPEALS. |
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(a) All probate proceedings must be filed and heard in a court |
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exercising original probate jurisdiction. The court exercising |
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original probate jurisdiction also has jurisdiction of all |
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matters related to the probate proceeding as specified in Section |
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4B of this code for that type of court. |
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(b) A probate court may exercise pendent and ancillary |
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jurisdiction as necessary to promote judicial efficiency and |
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economy. |
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(c) A final order issued by a probate court is appealable |
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to the court of appeals. |
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Sec. 4B. MATTERS RELATED TO PROBATE PROCEEDING. (a) For |
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purposes of this code, in a county in which there is no statutory |
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probate court or county court at law exercising original probate |
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jurisdiction, a matter related to a probate proceeding includes: |
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(1) an action against a personal representative or |
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former personal representative arising out of the |
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representative's performance of the duties of a personal |
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representative; |
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(2) an action against a surety of a personal |
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representative or former personal representative; |
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(3) a claim brought by a personal representative on |
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behalf of an estate; |
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(4) an action brought against a personal |
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representative in the representative's capacity as personal |
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representative; |
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(5) an action for trial of title to real property |
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that is estate property, including the enforcement of a lien |
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against the property; and |
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(6) an action for trial of the right of property |
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that is estate property. |
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(b) For purposes of this code, in a county in which there |
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is no statutory probate court, but in which there is a county |
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court at law exercising original probate jurisdiction, a matter |
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related to a probate proceeding includes: |
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(1) all matters and actions described in Subsection |
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(a) of this section; |
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(2) the interpretation and administration of a |
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testamentary trust if the will creating the trust has been |
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admitted to probate in the court; and |
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(3) the interpretation and administration of an |
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inter vivos trust created by a decedent whose will has been |
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admitted to probate in the court. |
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(c) For purposes of this code, in a county in which there |
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is a statutory probate court, a matter related to a probate |
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proceeding includes: |
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(1) all matters and actions described in |
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Subsections (a) and (b) of this section; and |
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(2) any cause of action in which a personal |
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representative of an estate pending in the statutory probate |
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court is a party in the representative's capacity as personal |
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representative. |
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Sec. 4C. ORIGINAL JURISDICTION FOR PROBATE PROCEEDINGS. |
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(a) In a county in which there is no statutory probate court or |
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county court at law exercising original probate jurisdiction, |
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the county court has original jurisdiction of probate |
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proceedings. |
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(b) In a county in which there is no statutory probate |
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court, but in which there is a county court at law exercising |
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original probate jurisdiction, the county court at law |
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exercising original probate jurisdiction and the county court |
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have concurrent original jurisdiction of probate proceedings, |
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unless otherwise provided by law. The judge of a county court may |
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hear probate proceedings while sitting for the judge of any other |
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county court. |
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(c) In a county in which there is a statutory probate |
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court, the statutory probate court has original jurisdiction of |
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probate proceedings. |
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Sec. 4D. JURISDICTION OF CONTESTED PROBATE PROCEEDING IN |
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COUNTY WITH NO STATUTORY PROBATE COURT OR STATUTORY COUNTY COURT. |
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(a) In a county in which there is no statutory probate court or |
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county court at law exercising original probate jurisdiction, |
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when a matter in a probate proceeding is contested, the judge of |
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the county court may, on the judge's own motion, or shall, on the |
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motion of any party to the proceeding, according to the motion: |
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(1) request the assignment of a statutory probate |
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court judge to hear the contested matter, as provided by Section |
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25.0022, Government Code; or |
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(2) transfer the contested matter to the district |
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court, which may then hear the contested matter as if originally |
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filed in the district court. |
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(b) If a party to a probate proceeding files a motion for |
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the assignment of a statutory probate court judge to hear a |
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contested matter in the proceeding before the judge of the county |
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court transfers the contested matter to a district court under |
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this section, the county judge shall grant the motion for the |
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assignment of a statutory probate court judge and may not |
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transfer the matter to the district court unless the party |
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withdraws the motion. |
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(c) A party to a probate proceeding may file a motion for |
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the assignment of a statutory probate court judge under this |
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section before a matter in the proceeding becomes contested, and |
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the motion is given effect as a motion for assignment of a |
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statutory probate court judge under Subsection (a) of this |
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section if the matter later becomes contested. |
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(d) Notwithstanding any other law, a transfer of a |
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contested matter in a probate proceeding to a district court |
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under any authority other than the authority provided by this |
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section: |
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(1) is disregarded for purposes of this section; and |
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(2) does not defeat the right of a party to the |
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proceeding to have the matter assigned to a statutory probate |
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court judge in accordance with this section. |
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(e) A statutory probate court judge assigned to a |
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contested matter under this section has the jurisdiction and |
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authority granted to a statutory probate court by this code. On |
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resolution of a contested matter for which a statutory probate |
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court judge is assigned under this section, including any appeal |
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of the matter, the statutory probate court judge shall return the |
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matter to the county court for further proceedings not |
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inconsistent with the orders of the statutory probate court or |
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court of appeals, as applicable. |
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(f) A district court to which a contested matter is |
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transferred under this section has the jurisdiction and |
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authority granted to a statutory probate court by this code. On |
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resolution of a contested matter transferred to the district |
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court under this section, including any appeal of the matter, the |
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district court shall return the matter to the county court for |
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further proceedings not inconsistent with the orders of the |
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district court or court of appeals, as applicable. |
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(g) The county court shall continue to exercise |
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jurisdiction over the management of the estate, other than a |
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contested matter, until final disposition of the contested |
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matter is made in accordance with this section. After a |
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contested matter is transferred to a district court, any matter |
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related to the probate proceeding may be brought in the district |
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court. The district court in which a matter related to the |
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probate proceeding is filed may, on its own motion or on the |
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motion of any party, find that the matter is not a contested |
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matter and transfer the matter to the county court with |
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jurisdiction of the management of the estate. |
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(h) If a contested matter in a probate proceeding is |
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transferred to a district court under this section, the district |
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court has jurisdiction of any contested matter in the proceeding |
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that is subsequently filed, and the county court shall transfer |
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those contested matters to the district court. If a statutory |
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probate court judge is assigned under this section to hear a |
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contested matter in a probate proceeding, the statutory probate |
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court judge shall be assigned to hear any contested matter in the |
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proceeding that is subsequently filed. |
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(i) The clerk of a district court to which a contested |
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matter in a probate proceeding is transferred under this section |
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may perform in relation to the contested matter any function a |
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county clerk may perform with respect to that type of matter. |
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Sec. 4E. JURISDICTION OF CONTESTED PROBATE PROCEEDING IN |
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COUNTY WITH NO STATUTORY PROBATE COURT. (a) In a county in |
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which there is no statutory probate court, but in which there is a |
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county court at law exercising original probate jurisdiction, |
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when a matter in a probate proceeding is contested, the judge of |
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the county court may, on the judge's own motion, or shall, on the |
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motion of any party to the proceeding, transfer the contested |
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matter to the county court at law. In addition, the judge of the |
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county court, on the judge's own motion or on the motion of a |
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party to the proceeding, may transfer the entire proceeding to |
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the county court at law. |
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(b) A county court at law to which a proceeding is |
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transferred under this section may hear the proceeding as if |
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originally filed in that court. If only a contested matter in the |
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proceeding is transferred, on the resolution of the matter, the |
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matter shall be returned to the county court for further |
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proceedings not inconsistent with the orders of the county court |
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at law. |
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Sec. 4F. EXCLUSIVE JURISDICTION OF PROBATE PROCEEDING IN |
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COUNTY WITH STATUTORY PROBATE COURT. (a) In a county in which |
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there is a statutory probate court, the statutory probate court |
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has exclusive jurisdiction of all probate proceedings, |
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regardless of whether contested or uncontested. A cause of |
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action related to the probate proceeding must be brought in a |
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statutory probate court unless the jurisdiction of the statutory |
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probate court is concurrent with the jurisdiction of a district |
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court as provided by Section 4H of this code or with the |
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jurisdiction of any other court. |
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(b) This section shall be construed in conjunction and in |
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harmony with Section 145 of this code and all other sections of |
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this code relating to independent executors, but may not be |
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construed to expand the court's control over an independent |
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executor. |
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Sec. 4G. JURISDICTION OF STATUTORY PROBATE COURT WITH |
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RESPECT TO TRUSTS AND POWERS OF ATTORNEY. In a county in which |
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there is a statutory probate court, the statutory probate court |
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has jurisdiction of: |
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(1) an action by or against a trustee; |
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(2) an action involving an inter vivos trust, |
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testamentary trust, or charitable trust; |
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(3) an action against an agent or former agent under |
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a power of attorney arising out of the agent's performance of the |
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duties of an agent; and |
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(4) an action to determine the validity of a power |
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of attorney or to determine an agent's rights, powers, or duties |
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under a power of attorney. |
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Sec. 4H. CONCURRENT JURISDICTION WITH DISTRICT COURT. A |
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statutory probate court has concurrent jurisdiction with the |
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district court in: |
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(1) a personal injury, survival, or wrongful death |
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action by or against a person in the person's capacity as a |
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personal representative; |
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(2) an action by or against a trustee; |
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(3) an action involving an inter vivos trust, |
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testamentary trust, or charitable trust; |
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(4) an action involving a personal representative |
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of an estate in which each other party aligned with the personal |
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representative is not an interested person in that estate; |
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(5) an action against an agent or former agent under |
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a power of attorney arising out of the agent's performance of the |
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duties of an agent; and |
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(6) an action to determine the validity of a power |
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of attorney or to determine an agent's rights, powers, or duties |
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under a power of attorney. |
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(c) Section 5B(a), Texas Probate Code, is amended to read |
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as follows: |
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(a) A judge of a statutory probate court, on the motion of |
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a party to the action or on the motion of a person interested in |
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an estate, may transfer to the judge's [his] court from a |
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district, county, or statutory court a cause of action related to |
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a probate proceeding [appertaining to or incident to an estate] |
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pending in the statutory probate court or a cause of action in |
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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. |
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(d) Section 25.0022(i), Government Code, is amended to |
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read as follows: |
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(i) A judge assigned under this section has the |
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jurisdiction, powers, and duties given by Sections 4A, 4C, 4F, |
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4G, 4H [5, 5A], 5B, 606, 607, and 608, Texas Probate Code, to |
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statutory probate court judges by general law. |
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(e) Section 25.1132(c), Government Code, is amended to |
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read as follows: |
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(c) A county court at law in Hood County has concurrent |
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jurisdiction with the district court in: |
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(1) civil cases in which the matter in controversy |
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exceeds $500 but does not exceed $250,000, excluding interest; |
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(2) family law cases and related proceedings; |
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(3) contested probate matters under Section 4D(a) |
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[5(b)], Texas Probate Code; and |
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(4) contested guardianship matters under Section |
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606(b), Texas Probate Code. |
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(f) Section 25.1863(b), Government Code, is amended to |
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read as follows: |
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(b) A county court at law has concurrent jurisdiction |
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with the district court over contested probate |
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matters. Notwithstanding the requirement in [Subsection (b),] |
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Section 4D(a) [5], Texas Probate Code, that the judge of the |
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constitutional county court transfer a contested probate |
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proceeding to the district court, the judge of the constitutional |
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county court shall transfer the proceeding under that section to |
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either a county court at law in Parker County or a district court |
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in Parker County. A county court at law has the jurisdiction, |
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powers, and duties that a district court has under [Subsection
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(b),] Section 4D(a) [5], Texas Probate Code, for the transferred |
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proceeding, and the county clerk acts as clerk for the |
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proceeding. The contested proceeding may be transferred between |
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a county court at law in Parker County and a district court in |
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Parker County as provided by local rules of administration. |
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(g) Section 123.005(a), Property Code, is amended to read |
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as follows: |
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(a) Venue in a proceeding brought by the attorney general |
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alleging breach of a fiduciary duty by a fiduciary or managerial |
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agent of a charitable trust shall be a court of competent |
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jurisdiction in Travis County or in the county where the |
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defendant resides or has its principal office. To the extent of a |
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conflict between this subsection and any provision of the Texas |
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Probate Code providing for venue of a proceeding brought with |
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respect to a charitable trust created by a will that has been |
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admitted to probate, this subsection controls. |
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(h) Sections 4, 5, and 5A, Texas Probate Code, are |
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repealed. |
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(i) The changes in law made by this section apply only to |
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an action filed or a proceeding commenced on or after the |
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effective date of this Act. An action filed or proceeding |
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commenced before the effective date of this Act is governed by |
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the law in effect on the date the action was filed or the |
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proceeding was commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 13. (a) Effective January 1, 2014, Subtitle A, |
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Title 2, Estates Code, as adopted by H.B. No. 2502, Acts of the |
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81st Legislature, Regular Session, 2009, if that Act is enacted |
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and becomes law, is amended by adding Chapters 31 and 32 to read |
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as follows: |
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CHAPTER 31. GENERAL PROVISIONS |
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Sec. 31.001. SCOPE OF "PROBATE PROCEEDING" FOR PURPOSES |
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OF CODE. The term "probate proceeding," as used in this code, |
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includes: |
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(1) the probate of a will, with or without |
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administration of the estate; |
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(2) the issuance of letters testamentary and of |
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administration; |
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|
(3) an heirship determination or small estate |
|
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affidavit, community property administration, and homestead and |
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family allowances; |
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(4) an application, petition, motion, or action |
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|
regarding the probate of a will or an estate administration, |
|
|
including a claim for money owed by the decedent; |
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|
(5) a claim arising from an estate administration |
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and any action brought on the claim; |
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(6) the settling of a personal representative's |
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account of an estate and any other matter related to the |
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settlement, partition, or distribution of an estate; and |
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(7) a will construction suit. |
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Sec. 31.002. MATTERS RELATED TO PROBATE PROCEEDING. |
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(a) For purposes of this code, in a county in which there is no |
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statutory probate court or county court at law exercising |
|
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original probate jurisdiction, a matter related to a probate |
|
|
proceeding includes: |
|
|
(1) an action against a personal representative or |
|
|
former personal representative arising out of the |
|
|
representative's performance of the duties of a personal |
|
|
representative; |
|
|
(2) an action against a surety of a personal |
|
|
representative or former personal representative; |
|
|
(3) a claim brought by a personal representative on |
|
|
behalf of an estate; |
|
|
(4) an action brought against a personal |
|
|
representative in the representative's capacity as personal |
|
|
representative; |
|
|
(5) an action for trial of title to real property |
|
|
that is estate property, including the enforcement of a lien |
|
|
against the property; and |
|
|
(6) an action for trial of the right of property |
|
|
that is estate property. |
|
|
(b) For purposes of this code, in a county in which there |
|
|
is no statutory probate court, but in which there is a county |
|
|
court at law exercising original probate jurisdiction, a matter |
|
|
related to a probate proceeding includes: |
|
|
(1) all matters and actions described in Subsection |
|
|
(a); |
|
|
(2) the interpretation and administration of a |
|
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testamentary trust if the will creating the trust has been |
|
|
admitted to probate in the court; and |
|
|
(3) the interpretation and administration of an |
|
|
inter vivos trust created by a decedent whose will has been |
|
|
admitted to probate in the court. |
|
|
(c) For purposes of this code, in a county in which there |
|
|
is a statutory probate court, a matter related to a probate |
|
|
proceeding includes: |
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(1) all matters and actions described in |
|
|
Subsections (a) and (b); and |
|
|
(2) any cause of action in which a personal |
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representative of an estate pending in the statutory probate |
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court is a party in the representative's capacity as personal |
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representative. |
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CHAPTER 32. JURISDICTION |
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Sec. 32.001. GENERAL PROBATE COURT JURISDICTION; |
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APPEALS. (a) All probate proceedings must be filed and heard in |
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a court exercising original probate jurisdiction. The court |
|
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exercising original probate jurisdiction also has jurisdiction |
|
|
of all matters related to the probate proceeding as specified in |
|
|
Section 31.002 for that type of court. |
|
|
(b) A probate court may exercise pendent and ancillary |
|
|
jurisdiction as necessary to promote judicial efficiency and |
|
|
economy. |
|
|
(c) A final order issued by a probate court is appealable |
|
|
to the court of appeals. |
|
|
Sec. 32.002. ORIGINAL JURISDICTION FOR PROBATE |
|
|
PROCEEDINGS. (a) In a county in which there is no statutory |
|
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probate court or county court at law exercising original probate |
|
|
jurisdiction, the county court has original jurisdiction of |
|
|
probate proceedings. |
|
|
(b) In a county in which there is no statutory probate |
|
|
court, but in which there is a county court at law exercising |
|
|
original probate jurisdiction, the county court at law |
|
|
exercising original probate jurisdiction and the county court |
|
|
have concurrent original jurisdiction of probate proceedings, |
|
|
unless otherwise provided by law. The judge of a county court may |
|
|
hear probate proceedings while sitting for the judge of any other |
|
|
county court. |
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|
(c) In a county in which there is a statutory probate |
|
|
court, the statutory probate court has original jurisdiction of |
|
|
probate proceedings. |
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|
Sec. 32.003. JURISDICTION OF CONTESTED PROBATE |
|
|
PROCEEDING IN COUNTY WITH NO STATUTORY PROBATE COURT OR STATUTORY |
|
|
COUNTY COURT. (a) In a county in which there is no statutory |
|
|
probate court or county court at law exercising original probate |
|
|
jurisdiction, when a matter in a probate proceeding is contested, |
|
|
the judge of the county court may, on the judge's own motion, or |
|
|
shall, on the motion of any party to the proceeding, according to |
|
|
the motion: |
|
|
(1) request the assignment of a statutory probate |
|
|
court judge to hear the contested matter, as provided by Section |
|
|
25.0022, Government Code; or |
|
|
(2) transfer the contested matter to the district |
|
|
court, which may then hear the contested matter as if originally |
|
|
filed in the district court. |
|
|
(b) If a party to a probate proceeding files a motion for |
|
|
the assignment of a statutory probate court judge to hear a |
|
|
contested matter in the proceeding before the judge of the county |
|
|
court transfers the contested matter to a district court under |
|
|
this section, the county judge shall grant the motion for the |
|
|
assignment of a statutory probate court judge and may not |
|
|
transfer the matter to the district court unless the party |
|
|
withdraws the motion. |
|
|
(c) A party to a probate proceeding may file a motion for |
|
|
the assignment of a statutory probate court judge under this |
|
|
section before a matter in the proceeding becomes contested, and |
|
|
the motion is given effect as a motion for assignment of a |
|
|
statutory probate court judge under Subsection (a) if the matter |
|
|
later becomes contested. |
|
|
(d) Notwithstanding any other law, a transfer of a |
|
|
contested matter in a probate proceeding to a district court |
|
|
under any authority other than the authority provided by this |
|
|
section: |
|
|
(1) is disregarded for purposes of this section; and |
|
|
(2) does not defeat the right of a party to the |
|
|
proceeding to have the matter assigned to a statutory probate |
|
|
court judge in accordance with this section. |
|
|
(e) A statutory probate court judge assigned to a |
|
|
contested matter under this section has the jurisdiction and |
|
|
authority granted to a statutory probate court by this subtitle. |
|
|
On resolution of a contested matter for which a statutory probate |
|
|
court judge is assigned under this section, including any appeal |
|
|
of the matter, the statutory probate court judge shall return the |
|
|
matter to the county court for further proceedings not |
|
|
inconsistent with the orders of the statutory probate court or |
|
|
court of appeals, as applicable. |
|
|
(f) A district court to which a contested matter is |
|
|
transferred under this section has the jurisdiction and |
|
|
authority granted to a statutory probate court by this subtitle. |
|
|
On resolution of a contested matter transferred to the district |
|
|
court under this section, including any appeal of the matter, the |
|
|
district court shall return the matter to the county court for |
|
|
further proceedings not inconsistent with the orders of the |
|
|
district court or court of appeals, as applicable. |
|
|
(g) The county court shall continue to exercise |
|
|
jurisdiction over the management of the estate, other than a |
|
|
contested matter, until final disposition of the contested |
|
|
matter is made in accordance with this section. After a |
|
|
contested matter is transferred to a district court, any matter |
|
|
related to the probate proceeding may be brought in the district |
|
|
court. The district court in which a matter related to the |
|
|
probate proceeding is filed may, on its own motion or on the |
|
|
motion of any party, find that the matter is not a contested |
|
|
matter and transfer the matter to the county court with |
|
|
jurisdiction of the management of the estate. |
|
|
(h) If a contested matter in a probate proceeding is |
|
|
transferred to a district court under this section, the district |
|
|
court has jurisdiction of any contested matter in the proceeding |
|
|
that is subsequently filed, and the county court shall transfer |
|
|
those contested matters to the district court. If a statutory |
|
|
probate court judge is assigned under this section to hear a |
|
|
contested matter in a probate proceeding, the statutory probate |
|
|
court judge shall be assigned to hear any contested matter in the |
|
|
proceeding that is subsequently filed. |
|
|
(i) The clerk of a district court to which a contested |
|
|
matter in a probate proceeding is transferred under this section |
|
|
may perform in relation to the contested matter any function a |
|
|
county clerk may perform with respect to that type of matter. |
|
|
Sec. 32.004. JURISDICTION OF CONTESTED PROBATE |
|
|
PROCEEDING IN COUNTY WITH NO STATUTORY PROBATE COURT. (a) In a |
|
|
county in which there is no statutory probate court, but in which |
|
|
there is a county court at law exercising original probate |
|
|
jurisdiction, when a matter in a probate proceeding is contested, |
|
|
the judge of the county court may, on the judge's own motion, or |
|
|
shall, on the motion of any party to the proceeding, transfer the |
|
|
contested matter to the county court at law. In addition, the |
|
|
judge of the county court, on the judge's own motion or on the |
|
|
motion of a party to the proceeding, may transfer the entire |
|
|
proceeding to the county court at law. |
|
|
(b) A county court at law to which a proceeding is |
|
|
transferred under this section may hear the proceeding as if |
|
|
originally filed in that court. If only a contested matter in the |
|
|
proceeding is transferred, on the resolution of the matter, the |
|
|
matter shall be returned to the county court for further |
|
|
proceedings not inconsistent with the orders of the county court |
|
|
at law. |
|
|
Sec. 32.005. EXCLUSIVE JURISDICTION OF PROBATE |
|
|
PROCEEDING IN COUNTY WITH STATUTORY PROBATE COURT. (a) In a |
|
|
county in which there is a statutory probate court, the statutory |
|
|
probate court has exclusive jurisdiction of all probate |
|
|
proceedings, regardless of whether contested or uncontested. A |
|
|
cause of action related to the probate proceeding must be brought |
|
|
in a statutory probate court unless the jurisdiction of the |
|
|
statutory probate court is concurrent with the jurisdiction of a |
|
|
district court as provided by Section 32.007 or with the |
|
|
jurisdiction of any other court. |
|
|
(b) This section shall be construed in conjunction and in |
|
|
harmony with Section 145 and all other sections of this title |
|
|
relating to independent executors, but may not be construed to |
|
|
expand the court's control over an independent executor. |
|
|
Sec. 32.006. JURISDICTION OF STATUTORY PROBATE COURT |
|
|
WITH RESPECT TO TRUSTS AND POWERS OF ATTORNEY. In a county in |
|
|
which there is a statutory probate court, the statutory probate |
|
|
court has jurisdiction of: |
|
|
(1) an action by or against a trustee; |
|
|
(2) an action involving an inter vivos trust, |
|
|
testamentary trust, or charitable trust; |
|
|
(3) an action against an agent or former agent under |
|
|
a power of attorney arising out of the agent's performance of the |
|
|
duties of an agent; and |
|
|
(4) an action to determine the validity of a power |
|
|
of attorney or to determine an agent's rights, powers, or duties |
|
|
under a power of attorney. |
|
|
Sec. 32.007. CONCURRENT JURISDICTION WITH DISTRICT |
|
|
COURT. A statutory probate court has concurrent jurisdiction |
|
|
with the district court in: |
|
|
(1) a personal injury, survival, or wrongful death |
|
|
action by or against a person in the person's capacity as a |
|
|
personal representative; |
|
|
(2) an action by or against a trustee; |
|
|
(3) an action involving an inter vivos trust, |
|
|
testamentary trust, or charitable trust; |
|
|
(4) an action involving a personal representative |
|
|
of an estate in which each other party aligned with the personal |
|
|
representative is not an interested person in that estate; |
|
|
(5) an action against an agent or former agent under |
|
|
a power of attorney arising out of the agent's performance of the |
|
|
duties of an agent; and |
|
|
(6) an action to determine the validity of a power |
|
|
of attorney or to determine an agent's rights, powers, or duties |
|
|
under a power of attorney. |
|
|
(b) Sections 4A, 4B, 4C, 4D, 4E, 4F, 4G, and 4H, Texas |
|
|
Probate Code, as added by Section 12 of this Act, are repealed. |
|
|
(c) Except as otherwise provided by this subsection, this |
|
|
section takes effect January 1, 2014. The changes in law made by |
|
|
this section take effect only if H.B. No. 2502, Acts of the 81st |
|
|
Legislature, Regular Session, 2009, is enacted and becomes law. |
|
|
If that bill does not become law, this section has no effect. |
|
|
Explanation: This addition is necessary to amend |
|
|
provisions relating to jurisdiction and venue of probate |
|
|
proceedings and proceedings regarding powers of attorney and |
|
|
certain trusts and to add corresponding provisions to the Estates |
|
|
Code if legislation creating that code is enacted and becomes |
|
|
law. |
|
|
(2) Senate Rule 12.03(1) is suspended to permit the |
|
|
committee to change, alter, or amend text not in disagreement by |
|
|
substituting the following for the effective date provision of |
|
|
the bill: |
|
|
SECTION 15. Except as otherwise provided by this Act, |
|
|
this Act takes effect September 1, 2009. |
|
|
Explanation: The change in the effective date provision |
|
|
is a technical change made necessary by the addition of SECTION |
|
|
13 to the bill, as explained in Item (1) of this resolution. The |
|
|
changes in law made by that SECTION take effect January 1, 2014, |
|
|
if certain circumstances are met. |
|
|
|
| |
|
|
|
_______________________________ |
|
|
|
President of the Senate |
|
|
|
|
|
|
|
I hereby certify that the |
|
|
|
above Resolution was adopted by |
|
|
|
the Senate on June 1, 2009. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
_______________________________ |
|
|
|
Secretary of the Senate |