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A BILL TO BE ENTITLED
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AN ACT
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relating to jurisdiction of contested probate proceedings in |
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counties without a statutory probate court or county court at law |
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exercising original probate jurisdiction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.003, Estates Code, is amended by |
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amending Subsections (a), (b), (b-1), and (c) and adding Subsection |
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(b-2) to read as follows: |
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(a) In a county in which there is no statutory probate court |
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or county court at law exercising original probate jurisdiction, |
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when a matter in a probate proceeding is contested, the judge of the |
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county court may, on the judge's own motion, or shall, on the timely |
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filing of a motion of any party to the proceeding, according to the |
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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 more than one [a] party to a probate proceeding files |
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a motion under Subsection (a) and the motions conflict, the judge of |
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the county court may, with or without a hearing, grant or deny |
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either motion, as considered appropriate under the circumstances of |
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the contested matter [for the assignment of a statutory probate
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court judge to hear a contested matter in the proceeding before the
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judge of the county court transfers the contested matter to a
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district court under this section, the county judge shall grant the
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motion for the assignment of a statutory probate court judge and may
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not transfer the matter to the district court unless the party
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withdraws the motion]. |
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(b-1) If a judge of a county court requests the assignment |
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of a statutory probate court judge to hear a contested matter in a |
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probate proceeding [on the judge's own motion or on the motion of a
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party to the proceeding as provided by this section], the judge may |
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request that the statutory probate court judge be assigned to the |
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entire proceeding [on the judge's own motion or on the motion of a
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party]. |
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(b-2) After the filing of a motion described by Subsection |
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(a) by a party to a probate proceeding, the judge of the county |
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court may not grant any relief with respect to the contested matter |
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other than the assignment or transfer requested in the motion |
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except for injunctive relief as needed to maintain the status quo |
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existing before the matter became contested. |
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(c) A [party to a probate proceeding may file a] motion |
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described by Subsection (a) filed by a party to a probate |
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proceeding: |
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(1) is considered timely if: |
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(A) the motion is filed not later than the 10th |
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day after the date the [for the assignment of a statutory probate
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court judge under this section before a] matter in the proceeding |
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becomes contested; or |
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(B) in the case of a motion to which each party to |
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the proceeding consents to the assignment or transfer requested in |
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the motion, the motion is filed at any time during which the |
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contested matter remains pending in the county court; and |
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(2) may be amended or withdrawn at any time before the |
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judge grants the motion[, and the motion is given effect as a motion
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for assignment of a statutory probate court judge under Subsection
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(a) if the matter later becomes contested]. |
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SECTION 2. Section 32.003, Estates Code, as amended by this |
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Act, applies only to a probate proceeding commenced on or after the |
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effective date of this Act. A proceeding commenced before the |
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effective date of this Act is governed by the law in effect on the |
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date the proceeding was commenced, and the former law is continued |
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in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |