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


Discrepancies regarding the jurisdiction of the Travis County Probate Court
No.1 exist under current law due to provisions that grant 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

House Bill 2882 amends law to include 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; 
 _a claim to show the state should not be paid for the costs of support,
maintenance, or 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 eminent domain jurisdiction of a
statutory probate court in Travis County and the authority of such a court
to exercise the pendant and ancillary jurisdiction necessary to promote
judicial efficiency and economy.  The bill also repeals a provision which
requires all actions, cases, matters, or proceedings of eminent domain to
be filed and docketed in Probate Court No. 1 of Travis County. 


September 1, 2001.