HBA-GUM, KMH H.B. 3635 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3635 By: Naishtat Judicial Affairs 7/27/1999 Enrolled BACKGROUND AND PURPOSE The Travis County probate courts enabling statute includes jurisdiction that was added at a time when the Probate Code did not grant mental retardation commitment jurisdiction to the probate court. The Probate Code was amended several years ago and gave probate courts jurisdiction over mental retardation commitments. Also, prior to the 76th Texas Legislature, the transfer provision affecting a third-party cause of action necessitated that an unnecessary step be taken by certain litigants in rare instances. H.B. 3635 expands the jurisdiction of a statutory probate court to include all proceedings instituted under the Health and Safety Code, rather than only under Subtitle D, Title 7, Health and Safety Code. This bill also deletes the requirement that a judge of a statutory probate court obtain the consent of a judge in whose court a case is pending before transferring a cause in which a personal representative, not necessarily acting in the capacity of a personal representative, of an estate pending in a statutory probate court is a party. 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 Sections 25.2293(b) and (d), as follows: (b) Expands the jurisdiction of a statutory probate court to include all proceedings instituted under the Health and Safety Code, rather than only under Subtitle D, Title 7, Health and Safety Code. (d) Deletes the requirement that a judge of a statutory probate court obtain the consent of a judge in whose court a case is pending before transferring a cause in which a personal representative, not necessarily acting in the capacity of a personal representative, of an estate pending in a statutory probate court is a party. SECTION 2. Effective date: September 1, 1999. SECTION 3. Makes application of this Act prospective as to a motion to transfer a proceeding to the Probate Court No. 1 of Travis County. SECTION 4. Emergency clause.