HBA-ATS, PDH H.B. 777 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 777
By: Thompson
 Judicial Affairs
9/15/1999
Enrolled



BACKGROUND AND PURPOSE 

During the interim following the 75th Texas Legislature, the Joint Interim
Committee (committee) on Statutory Probate Courts studied the state's
probate court system.  The committee found some courts to be confused
regarding the meaning and intent of Section 607 (Matters Appertaining and
Incident to an Estate), Texas Probate Code.  H.B. 777 clarifies the meaning
of Section 607, Texas Probate Code, by providing that all suits, actions,
and applications filed against or on behalf of any guardianship are
appertaining to and incident to an estate.  This bill also deletes the
operation of the provision that in all actions by or against a person in
the person's capacity as a guardian, a statutory probate court has
concurrent jurisdiction with a district court from applying to whether or
not the matter is appertaining to or incident to a guardianship 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 607(b), Texas Probate Code, to provide that all
suits, actions, and applications filed against or on behalf of any
guardianship are appertaining to and incident to an estate. 

SECTION 2.  Amends Section 607(e), Texas Probate Code, by removing the
express application of Subsection (c) to this section and making conforming
changes. 

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.