HBA-DMD H.B. 778 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 778 By: Thompson Judicial Affairs 7/27/1999 Enrolled BACKGROUND AND PURPOSE During the 75th Legislature, Section 5A(b), Texas Probate Code, was amended in an attempt to clarify the transfer powers granted to statutory probate courts and to end litigation over the legislature's intent in this section. The phrase "for the purpose of this section" in that amendment has caused confusion in some courts. H.B. 778 removes the phrase in an attempt to clarify Section 5A(b), Texas Probate Code. This bill also provides provisions which establish whether or not the suits, actions, and applications are appertaining to or 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 Sections 5A(b) and (e), Texas Probate Code, as follows: (b) Deletes the provision "for the purposes of this section" that all statutory probate courts are authorized in the exercise of their jurisdiction to hear all suits, actions, and applications filed against or on behalf of any heirship proceeding or decedent's estate and that all such suits, actions, and applications are appertaining to and incident to an estate. Makes a nonsubstantive change. (e) Specifies that Subsections (c)(2), (3), and (4), rather than Subsection (c), and Subsection (d) apply whether or not the suits, actions, and applications are appertaining to or incident to an estate. Subsections (c)(2), (3), and (4) state that a statutory probate court has concurrent jurisdiction with the district court in all actions involving an inter vivos trust, a charitable trust, and a testamentary trust. Subsection (d) authorizes a statutory probate court to exercise the pendent and ancillary jurisdiction necessary to promote judicial efficiency and economy. Makes a conforming change. SECTION 2.Effective date: September 1, 1999. SECTION 3.Emergency clause.