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


Office of House Bill AnalysisC.S.H.B. 778
By: Thompson
Judicial Affairs
3/17/1999
Committee Report (Substituted)



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.  C.S.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. 

(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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 778 differs from the original bill by adding Subsection (e), which
provides that Subsections (c)(2), (3), and (4) and Subsection (d) apply
whether or not the matter is appertaining to or incident to an estate.