HBA-DMD H.B. 778 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 778
By: Thompson
Judicial Affairs
2/23/1999
Introduced



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 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. 

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 5A(b), 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. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.