HBA-GUM, RBT H.B. 1605 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1605
By: Thompson
Judicial Affairs
6/21/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, statutory probate courts did not have
the ability to transfer cases upon the loss of subject matter jurisdiction.
H.B. 1605 allows a statutory probate court to transfer a cause of action as
an alternative to dismissal if the court loses subject matter jurisdiction. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 25, Government Code, by adding
Section 25.00221, as follows: 

Sec.  25.00221.  TRANSFER OF CASES.  Authorizes the judge of a statutory
probate court to transfer a cause of action pending in that court to
another statutory probate court in the same county that has jurisdiction
over the cause of action.  Authorizes the judge of a statutory probate
court to transfer a cause of action to a district court, county court,
statutory county court, or justice court located in the same county if the
judge determines that the court no longer has jurisdiction over the cause
of action.  Provides that when a cause of action is transferred from a
statutory probate court to another court, all processes, writs, bonds,
recognizances, or other obligations issued from the statutory probate court
are returnable to the new court as though they were issued by that court.
Provides that the obligees of all bonds and recognizances, and all
witnesses summoned to appear in the statutory probate court, are required
to appear before the new court as if originally required to appear before
that court. 

SECTION 2.   Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.Emergency clause.