HBA-KMH H.B. 1607 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1607 By: Thompson Judicial Affairs 3/9/1999 Introduced BACKGROUND AND PURPOSE In 1983, the legislature amended the probate court jurisdictional statute to allow parties to choose the forum, a statutory probate court or a district court, when the constitutional county court was precluded by law from hearing a case, such as when the case is contested. H.B. 1607 provides that if the judge of a county court has not transferred a contested probate matter to a district court at the time a party makes a motion to transfer to a statutory probate court, then the county judge must transfer the case to a statutory probate court. This bill also clarifies the jurisdiction of the statutory probate court judge. 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 Section 5(b), Probate Code, to require a county judge to grant a motion for assignment of a statutory probate court judge in a contested probate matter if it has not already been transferred to a district court. Provides an exception if the party withdraws the motion. Grants jurisdiction and authority to the assigned statutory probate judge as described under Sections 5A and 5B, Probate Code. (Section 5 (Jurisdiction of District Court and Other Courts of Record With Respect to Probate Proceedings and Appeals from Probate Orders) Probate Code). SECTION 2. Emergency clause. Effective date: upon passage.