Texas 2009 - 81st Regular

Texas House Bill HB2367 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R8608 MTB-F
2	2	By: Hartnett H.B. No. 2367
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to venue or transfer of certain probate matters and
8	8	guardianship matters.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 15.007, Civil Practice and Remedies
11	11	Code, is amended to read as follows:
12	12	Sec. 15.007. CONFLICT WITH CERTAIN PROVISIONS.
13	13	Notwithstanding Sections 15.004, 15.005, and 15.031, to the
14	14	extent that venue under this chapter for a suit by or against an
15	15	executor, administrator, or guardian as such, for personal injury,
16	16	death, or any property damage related to the personal injury or
17	17	death suit conflicts with venue provisions under the Texas Probate
18	18	Code, this chapter controls.
19	19	SECTION 2. Section 5B(b), Texas Probate Code, is amended to
20	20	read as follows:
21	21	(b) Except with respect to a cause of action described by
22	22	Section 15.007, Civil Practice and Remedies Code, or Section
23	23	123.005, Property Code, venue of a cause of action described by
24	24	Subsection (a) of this section is proper, as provided by Section
25	25	7(a) of this code, in the statutory probate court in which the
26	26	estate is pending, and the judge of the statutory probate court may
27	27	transfer the cause of action as provided by Subsection (a) of this
28	28	section to the statutory probate court, regardless of whether venue
29	29	would otherwise be proper or mandatory in the county of the court
30	30	from which the action will be transferred. [Notwithstanding any
31	31	other provision of this chapter, the proper venue for an action by
32	32	or against a personal representative for personal injury, death, or
33	33	property damages is determined under Section 15.007, Civil Practice
34	34	and Remedies Code.]
35	35	SECTION 3. Chapter I, Texas Probate Code, is amended by
36	36	adding Section 7 to read as follows:
37	37	Sec. 7. VENUE FOR CERTAIN ACTIONS APPERTAINING TO OR
38	38	INCIDENT TO AN ESTATE OR IN WHICH PERSONAL REPRESENTATIVE IS PARTY.
39	39	(a) Except with respect to a cause of action described by Section
40	40	15.007, Civil Practice and Remedies Code, venue for the following
41	41	is proper in the court in which the estate is pending:
42	42	(1) a cause of action appertaining to or incident to a
43	43	decedent's estate; and
44	44	(2) a cause of action in which the personal
45	45	representative of a decedent's estate is a party.
46	46	(b) Except with respect to a cause of action described by
47	47	Section 15.007, Civil Practice and Remedies Code, venue for a cause
48	48	of action against a former personal representative of a decedent's
49	49	estate is proper in the court in which the estate is pending or was
50	50	last pending.
51	51	(c) Notwithstanding any other provision of this chapter,
52	52	the proper venue for an action by or against a personal
53	53	representative for personal injury, death, or any property damages
54	54	related to the personal injury or death action is determined under
55	55	Section 15.007, Civil Practice and Remedies Code.
56	56	SECTION 4. Section 608, Texas Probate Code, is amended to
57	57	read as follows:
58	58	Sec. 608. TRANSFER OF GUARDIANSHIP PROCEEDING. (a) A judge
59	59	of a statutory probate court, on the motion of a party to the action
60	60	or of a person interested in a guardianship, may transfer to the
61	61	judge's court from a district, county, or statutory court a cause of
62	62	action appertaining to or incident to a guardianship estate that is
63	63	pending in the statutory probate court or a cause of action relating
64	64	to a guardianship in which a guardian, ward, or proposed ward in a
65	65	guardianship pending in the statutory probate court is a party and
66	66	may consolidate the transferred cause of action with the other
67	67	proceedings in the statutory probate court relating to the
68	68	guardianship estate.
69	69	(b) Except with respect to a cause of action described by
70	70	Section 15.007, Civil Practice and Remedies Code, or Section
71	71	123.005, Property Code, venue of a cause of action described by
72	72	Subsection (a) of this section is proper, as provided by Section
73	73	610A(a) of this code, in the statutory probate court in which the
74	74	guardianship is pending, and the judge of the statutory probate
75	75	court may transfer the cause of action as provided by Subsection (a)
76	76	of this section to the statutory probate court, regardless of
77	77	whether venue would otherwise be proper or mandatory in the county
78	78	of the court from which the action will be transferred.
79	79	SECTION 5. Subpart B, Part 2, Chapter XIII, Texas Probate
80	80	Code, is amended by adding Section 610A to read as follows:
81	81	Sec. 610A. VENUE FOR CERTAIN ACTIONS APPERTAINING TO OR
82	82	INCIDENT TO AN ESTATE OR IN WHICH GUARDIAN, WARD, OR PROPOSED WARD
83	83	IS PARTY. (a) Except with respect to a cause of action described
84	84	by Section 15.007, Civil Practice and Remedies Code, venue for the
85	85	following is proper in the court in which the guardianship estate is
86	86	pending:
87	87	(1) a cause of action appertaining to or incident to a
88	88	guardianship estate; and
89	89	(2) a cause of action related to a guardianship in
90	90	which a guardian, ward, or proposed ward is a party.
91	91	(b) Except with respect to a cause of action described by
92	92	Section 15.007, Civil Practice and Remedies Code, venue for a cause
93	93	of action against a former guardian of a ward is proper in the court
94	94	in which the ward's guardianship is pending or was last pending.
95	95	(c) Notwithstanding any other provision of this chapter,
96	96	the proper venue for an action by or against a guardian for personal
97	97	injury, death, or any property damages related to the personal
98	98	injury or death action is determined under Section 15.007, Civil
99	99	Practice and Remedies Code.
100	100	SECTION 6. Sections 5A(f) and 607(e), Texas Probate Code,
101	101	are repealed.
102	102	SECTION 7. The changes in law made by this Act apply only to
103	103	actions commenced on or after the effective date of this Act. An
104	104	action that is commenced before the effective date of this Act is
105	105	governed by the law applicable to the action immediately before the
106	106	effective date of this Act, and that law is continued in effect for
107	107	that purpose.
108	108	SECTION 8. This Act takes effect September 1, 2009.