Office of House Bill AnalysisH.B. 2882
By: Naishtat
Judicial Affairs


Discrepancies regarding the jurisdiction of the Travis County Probate Court
No.1 existed under previous law due to provisions that granted the court
jurisdiction over matters other than those included in the enabling
statute.  Amendments have been made over the years granting jurisdiction to
probate courts to hear civil commitment cases.  In addition, because the
judges of the county courts in the larger counties including Travis County
have been allowed to opt out of performing judicial functions, the probate
courts have assumed additional duties.  The Travis County Probate Court
No.1 has assumed several duties previously performed by the county court.
House Bill 2882 includes recently adopted jurisdictional powers given to
probate courts into the enacting legislation of the Travis County Probate
Court No.1. 


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. 


House Bill 2882 amends the Government Code to provide that, in addition to
existing jurisdiction, a statutory probate court in Travis County has the
jurisdiction provided by law for a county court to hear and determine all
actions, cases, matters, or proceedings instituted regarding: 

 _the refusal of an attending physician refusal to honor a patient's
advance directive or a treatment decision; 
 _the state registrar not accepting a delayed birth certificate;
 _a delayed registration of death;
 _an investigation of the Texas Department of Mental Health and Mental
Retardation (MHMR) to determine means of support regarding liability for
payment of treatment; 
 _treatment of  a patient or a resident of a state hospital or residential
care facility operated by MHMR;  
 _the removal of remains interred in a cemetery;
 _abandoned plots in private cemeteries;
 _the treatment of chemically dependent persons; and
 _the Texas Mental Health Code.

The bill repeals law relating to the authority of a statutory probate court
in Travis County to exercise the  pendant and ancillary jurisdiction
necessary to promote judicial efficiency and economy.  


September 1, 2001.