| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the procedures for transferring certain cases and |
|
|
proceedings between courts. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 33.101, Estates Code, is amended to read |
|
|
as follows: |
|
|
Sec. 33.101. TRANSFER TO OTHER COUNTY IN WHICH VENUE IS |
|
|
PROPER. If probate proceedings involving the same estate are |
|
|
commenced in more than one county and the court making a |
|
|
determination of venue as provided by Section 33.053 determines |
|
|
that venue is proper in another county, the court clerk shall |
|
|
transmit the file for the proceeding in accordance with the |
|
|
procedures provided by Section 33.105 [make and retain a copy of the |
|
|
entire file in the case and transmit the original file in electronic |
|
|
or paper form] to the court in the county in which venue is proper. |
|
|
The court to which the file is transmitted shall conduct the |
|
|
proceeding in the same manner as if the proceeding had originally |
|
|
been commenced in that county. |
|
|
SECTION 2. Section 33.102(a), Estates Code, is amended to |
|
|
read as follows: |
|
|
(a) If it appears to the court at any time before the final |
|
|
order in a probate proceeding is rendered that the court does not |
|
|
have priority of venue over the proceeding, the court shall, on the |
|
|
application of an interested person, transfer the proceeding to the |
|
|
proper county by transmitting the file for the proceeding in |
|
|
accordance with the procedures provided by Section 33.105 to the |
|
|
proper court in that county [in electronic or paper form: |
|
|
[(1) the original file in the case; and |
|
|
[(2) certified copies of all entries that have been |
|
|
made in the judge's probate docket in the proceeding]. |
|
|
SECTION 3. Section 33.103(b), Estates Code, is amended to |
|
|
read as follows: |
|
|
(b) The clerk of the court from which the probate proceeding |
|
|
described by Subsection (a) is transferred shall transmit the file |
|
|
for the proceeding in accordance with the procedures provided by |
|
|
Section 33.105 to the court to which the proceeding is |
|
|
transferred[: |
|
|
[(1) the original file in the proceeding; and |
|
|
[(2) a certified copy of the index]. |
|
|
SECTION 4. Subchapter C, Chapter 33, Estates Code, is |
|
|
amended by adding Section 33.105 to read as follows: |
|
|
Sec. 33.105. TRANSFER OF PROBATE PROCEEDING RECORD. (a) If |
|
|
a probate proceeding is transferred to a court in another county |
|
|
under this chapter, the clerk of the transferring court shall send |
|
|
to the clerk of the court to which the proceeding is transferred, |
|
|
using the electronic filing system established under Section |
|
|
72.031, Government Code: |
|
|
(1) a transfer certificate and index of transferred |
|
|
documents; |
|
|
(2) a copy of each final order; |
|
|
(3) a copy of the order of transfer signed by the |
|
|
transferring court; |
|
|
(4) a copy of the original papers filed in the |
|
|
transferring court, including a copy of any will; |
|
|
(5) a copy of the transfer certificate and index of |
|
|
transferred documents from each previous transfer; and |
|
|
(6) a bill of any costs accrued in the transferring |
|
|
court. |
|
|
(b) The clerk of the transferring court shall use the |
|
|
standardized transfer certificate and index of transferred |
|
|
documents form developed by the Office of Court Administration of |
|
|
the Texas Judicial System under Section 72.037, Government Code, |
|
|
when transferring a proceeding under this section. |
|
|
(c) The clerk of the transferring court shall keep a copy of |
|
|
the documents transferred under Subsection (a). |
|
|
(d) The clerk of the court to which the proceeding is |
|
|
transferred shall: |
|
|
(1) accept documents transferred under Subsection |
|
|
(a); |
|
|
(2) docket the proceeding; and |
|
|
(3) notify, using the electronic filing system |
|
|
established under Section 72.031, Government Code, all parties to |
|
|
the proceeding, the clerk of the transferring court, and, if |
|
|
appropriate, the transferring court's local registry that the |
|
|
proceeding has been docketed. |
|
|
(e) The clerk of the transferee court shall physically or |
|
|
electronically mark or stamp the transfer certificate and index of |
|
|
transferred documents to evidence the date and time of acceptance |
|
|
under Subsection (d) but may not physically or electronically mark |
|
|
or stamp any other document transferred under Subsection (a). |
|
|
(f) The clerks of both the transferee and transferring |
|
|
courts may each produce under Chapter 51, Government Code, |
|
|
certified or uncertified copies of documents transferred under |
|
|
Subsection (a) but must include a copy of the transfer certificate |
|
|
and index of transferred documents with each document produced. |
|
|
(g) Sections 80.001 and 80.002, Government Code, do not |
|
|
apply to the transfer of documents under this section. |
|
|
(h) The clerk of the transferring court shall deliver the |
|
|
original will, or the copy of the will offered for probate in lieu |
|
|
of a lost original will, as applicable, to the clerk of the |
|
|
transferee court by: |
|
|
(1) registered or certified mail, return receipt |
|
|
requested; |
|
|
(2) common or contract carrier, with proof of delivery |
|
|
receipt; or |
|
|
(3) designated delivery service, as defined by 26 |
|
|
U.S.C. Section 7502(f)(2), with proof of delivery receipt. |
|
|
(i) The party requesting the transfer shall pay the cost of |
|
|
delivery under Subsection (h). |
|
|
SECTION 5. Section 1023.006, Estates Code, is amended to |
|
|
read as follows: |
|
|
Sec. 1023.006. TRANSFER OF RECORD. (a) Not later than the |
|
|
10th working day after the date [When] an order of transfer is |
|
|
signed [made] under Section 1023.005, the clerk shall record any |
|
|
unrecorded papers of the guardianship required to be recorded. On |
|
|
payment of the clerk's fee, the clerk shall send, using the |
|
|
electronic filing system established under Section 72.031, |
|
|
Government Code, [transmit in electronic or paper form] to the |
|
|
county clerk of the county to which the guardianship was ordered |
|
|
transferred: |
|
|
(1) a transfer certificate and index of transferred |
|
|
documents [the case file of the guardianship proceedings]; [and] |
|
|
(2) a copy of each final order; |
|
|
(3) a copy of the order of transfer signed by the |
|
|
transferring court; |
|
|
(4) a copy of the original papers filed in the |
|
|
transferring court; |
|
|
(5) a copy of the transfer certificate and index of |
|
|
transferred documents from each previous transfer; and |
|
|
(6) a bill of any costs accrued in the transferring |
|
|
court [a certified copy of the index of the guardianship records]. |
|
|
(b) The clerk of the transferring court shall use the |
|
|
standardized transfer certificate and index of transferred |
|
|
documents form developed by the Office of Court Administration of |
|
|
the Texas Judicial System under Section 72.037, Government Code, |
|
|
when transferring a proceeding under this section. |
|
|
(c) The clerk of the transferring court shall keep a copy of |
|
|
the documents transferred under Subsection (a). |
|
|
(d) Subject to Section 1023.005(c), the clerk of the court |
|
|
to which the proceeding is transferred shall: |
|
|
(1) accept documents transferred under Subsection |
|
|
(a); |
|
|
(2) docket the case; and |
|
|
(3) notify, using the electronic filing system |
|
|
established under Section 72.031, Government Code, all parties, the |
|
|
clerk of the transferring court, and, if appropriate, the |
|
|
transferring court's local registry that the case has been |
|
|
docketed. |
|
|
(e) The clerk of the transferee court shall physically or |
|
|
electronically mark or stamp the transfer certificate and index of |
|
|
transferred documents to evidence the date and time of acceptance |
|
|
under Subsection (d), but may not physically or electronically mark |
|
|
or stamp any other document transferred under Subsection (a). |
|
|
(f) The clerks of both the transferee and transferring |
|
|
courts may each produce under Chapter 51, Government Code, |
|
|
certified or uncertified copies of documents transferred under |
|
|
Subsection (a) but must include a copy of the transfer certificate |
|
|
and index of transferred documents with each document produced. |
|
|
(g) Sections 80.001 and 80.002, Government Code, do not |
|
|
apply to the transfer of documents under this section. |
|
|
SECTION 6. Section 1023.007, Estates Code, is amended to |
|
|
read as follows: |
|
|
Sec. 1023.007. TRANSFER EFFECTIVE. The order transferring |
|
|
a guardianship does not take effect until the clerk of the court to |
|
|
which the proceeding is transferred accepts and dockets the case |
|
|
record under Section 1023.006[: |
|
|
[(1) the case file and a certified copy of the index |
|
|
required by Section 1023.006 are filed in electronic or paper form |
|
|
in the office of the county clerk of the county to which the |
|
|
guardianship was ordered transferred; and |
|
|
[(2) a certificate under the clerk's official seal and |
|
|
reporting the filing of the case file and a certified copy of the |
|
|
index is filed in electronic or paper form in the court ordering the |
|
|
transfer by the county clerk of the county to which the guardianship |
|
|
was ordered transferred]. |
|
|
SECTION 7. Sections 155.207(a), (b), and (e), Family Code, |
|
|
are amended to read as follows: |
|
|
(a) Not later than the 10th working day after the date an |
|
|
order of transfer is signed, the clerk of the court transferring a |
|
|
proceeding shall send, using the electronic filing system |
|
|
established under Section 72.031, Government Code, to the proper |
|
|
court [in the county] to which transfer is being made: |
|
|
(1) a transfer certificate and index of transferred |
|
|
documents; |
|
|
(2) a copy of each final order; |
|
|
(3) a copy of the order of transfer signed by the |
|
|
transferring court; |
|
|
(4) a copy of the original papers filed in the |
|
|
transferring court; |
|
|
(5) a copy of the transfer certificate and index of |
|
|
transferred documents from each previous transfer; and |
|
|
(6) a bill of any costs that have accrued in the |
|
|
transferring court. |
|
|
(b) The clerk of the transferring court shall keep a copy of |
|
|
the documents transferred under Subsection (a) [transferred |
|
|
pleadings]. |
|
|
(e) The clerks of both the transferee and transferring |
|
|
courts may each produce under Chapter 51, Government Code, |
|
|
certified or uncertified copies of documents transferred under |
|
|
Subsection (a) and must [filed in a case transferred under this |
|
|
section, but shall also] include a copy of the transfer certificate |
|
|
and index of transferred documents with each document produced. |
|
|
SECTION 8. Section 51.3071, Government Code, is amended by |
|
|
amending Subsection (a) and adding Subsections (f) and (g) to read |
|
|
as follows: |
|
|
(a) If a case is transferred from a district court to a |
|
|
constitutional or statutory county court or another district court, |
|
|
the clerk of the transferring [district] court shall send to the |
|
|
[county] clerk of the court to which the case is transferred, using |
|
|
the electronic filing system established under Section 72.031: |
|
|
(1) a transfer certificate and index of transferred |
|
|
documents; |
|
|
(2) a copy of the original papers filed in the |
|
|
transferring court; |
|
|
(3) a copy of the order of transfer signed by the |
|
|
transferring court; |
|
|
(4) a copy of each final order; |
|
|
(5) a copy of the transfer certificate and index of |
|
|
transferred documents from each previous transfer; and |
|
|
(6) a bill of any costs that have accrued in the |
|
|
transferring court. |
|
|
(f) The clerks of both the transferee and transferring |
|
|
courts may each produce, under this chapter, certified or |
|
|
uncertified copies of documents transferred under Subsection (a) |
|
|
and must include a copy of the transfer certificate and index of |
|
|
transferred documents with each document produced. |
|
|
(g) This section applies regardless of whether the |
|
|
transferee court and the transferring court are in the same or |
|
|
different counties. |
|
|
SECTION 9. Section 51.403, Government Code, is amended by |
|
|
amending Subsection (a) and adding Subsections (d) and (e) to read |
|
|
as follows: |
|
|
(a) If a case is transferred from a county court to a |
|
|
district court or to a statutory county court or county court of |
|
|
another county, the clerk of the transferring [county] court shall |
|
|
send to the [district] clerk of the court to which the case is |
|
|
transferred, using the electronic filing system established under |
|
|
Section 72.031: |
|
|
(1) a transfer certificate and index of transferred |
|
|
documents; |
|
|
(2) a copy of the original papers filed in the |
|
|
transferring court; |
|
|
(3) a copy of the order of transfer signed by the |
|
|
transferring court; |
|
|
(4) a copy of each final order; |
|
|
(5) a copy of the transfer certificate and index of |
|
|
transferred documents from each previous transfer; and |
|
|
(6) a bill of any costs that have accrued in the |
|
|
transferring court. |
|
|
(d) The clerks of both the transferee and transferring |
|
|
courts may each produce, under this chapter, certified or |
|
|
uncertified copies of documents transferred under Subsection (a) |
|
|
and must include a copy of the transfer certificate and index of |
|
|
transferred documents with each document produced. |
|
|
(e) This section applies to a case transferred between a |
|
|
district court and a county court regardless of whether the |
|
|
transferee court and the transferring court are in the same or |
|
|
different counties. A case transferred between two county courts |
|
|
in the same county is not subject to the requirements of this |
|
|
section. The clerk serving the county courts shall reassign the |
|
|
case on receipt of an order of transfer. |
|
|
SECTION 10. Section 72.037(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) The office shall develop and make available a |
|
|
standardized transfer certificate and an index of transferred |
|
|
documents form to be used for the transfer of cases and proceedings |
|
|
under Sections 33.105 and 1023.006, Estates Code, Section 155.207, |
|
|
Family Code, and Sections 51.3071 and 51.403 of this code. |
|
|
SECTION 11. Section 33.103(c), Estates Code, is repealed. |
|
|
SECTION 12. As soon as practicable after the effective date |
|
|
of this Act, the Office of Court Administration of the Texas |
|
|
Judicial System shall adopt rules and develop and make available |
|
|
all forms and materials required by Section 72.037, Government |
|
|
Code, as amended by this Act. |
|
|
SECTION 13. This Act takes effect September 1, 2023. |
|
|
|
|
|
* * * * * |