HBA-PDH H.B. 777 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 777 By: Thompson Judicial Affairs 3/10/1999 Committee Report (Amended) 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, 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. 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.Effective date: September 1, 1999. SECTION 3.Emergency clause. EXPLANATION OF AMENDMENTS Amendment #1 Modifies the original bill by creating a new SECTION 2 in the original to amend Section 607(e), Texas Probate Code, removing the express application of Subsection (c) to this section and make conforming changes. Subsection (c) provides 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. Redesignates SECTIONS 2 and 3 to SECTIONS 3 and 4, of this bill.