HBA-LCA H.B. 2580 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2580
By: Hartnett
Judicial Affairs
4/7/1999
Introduced



BACKGROUND AND PURPOSE 

Questions have arisen in litigation regarding whether the scope of a
probate court's power to transfer a case under Section 5B, Probate Code, is
equal to the scope of its power to hear the case.  H.B. 2580 amends that
section to clarify a statutory probate court's authority to transfer and
consolidate proceedings involving an estate or guardianship, including
causes of action involving a personal representative of an estate or a
ward's estate. 

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 5B, Probate Code, to authorize a judge of a
statutory probate court to transfer to his court, on the motion of a party
to the action or a person interested in the estate, a cause of action in
which a personal representative of an estate pending in the judge's court
is a party. Makes a conforming change. 

SECTION 2.  Amends Section 608, Probate Code, to authorize a judge of a
statutory probate court to transfer to his court, on the motion of a party
to the action or a person interested in a guardianship, a cause of action
in which a personal representative of an estate pending in the judge's
court is a party.  Makes a conforming change. 

SECTION 3.   Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 4.   Emergency clause.