HBA-KDB, SEP H.B. 536 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 536 By: Thompson Judicial Affairs 6/13/2001 Enrolled BACKGROUND AND PURPOSE Prior to the 77th Legislature, in counties that did not have a probate court but did have a county court at law and a constitutional county court, the county court at law and the constitutional county court shared original jurisdiction over decedent's estates, guardianships, and mental health proceedings. In a county that has a statutory probate court, the statutory probate court is the only court with jurisdiction over probate, guardianship, and mental health matters. However, provisions in the Texas Probate Code indicate that in a county with a statutory probate court a person may file probate, guardianship, and mental health proceedings in the county court at law and the constitutional county court. House Bill 536 clarifies jurisdiction by establishing that in a county with a statutory probate court, the statutory probate court is the only one with probate jurisdiction. 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. ANALYSIS House Bill 536 amends the Texas Probate Code to require all applications, petitions, and motions regarding probate, administrations, guardianships, or mental illness matters to be filed and heard in a statutory probate court for those counties in which there is a statutory probate court (Secs. 5 and 606). EFFECTIVE DATE September 1, 2001.