81R8608 MTB-F
By: Hartnett H.B. No. 2367
A BILL TO BE ENTITLED
AN ACT
relating to venue or transfer of certain probate matters and
guardianship matters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 15.007, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 15.007. CONFLICT WITH CERTAIN PROVISIONS.
Notwithstanding Sections 15.004, 15.005, and 15.031, to the
extent that venue under this chapter for a suit by or against an
executor, administrator, or guardian as such, for personal injury,
death, or any property damage related to the personal injury or
death suit conflicts with venue provisions under the Texas Probate
Code, this chapter controls.
SECTION 2. Section 5B(b), Texas Probate Code, is amended to
read as follows:
(b) Except with respect to a cause of action described by
Section 15.007, Civil Practice and Remedies Code, or Section
123.005, Property Code, venue of a cause of action described by
Subsection (a) of this section is proper, as provided by Section
7(a) of this code, in the statutory probate court in which the
estate is pending, and the judge of the statutory probate court may
transfer the cause of action as provided by Subsection (a) of this
section to the statutory probate court, regardless of whether venue
would otherwise be proper or mandatory in the county of the court
from which the action will be transferred. [Notwithstanding any
other provision of this chapter, the proper venue for an action by
or against a personal representative for personal injury, death, or
property damages is determined under Section 15.007, Civil Practice
and Remedies Code.]
SECTION 3. Chapter I, Texas Probate Code, is amended by
adding Section 7 to read as follows:
Sec. 7. VENUE FOR CERTAIN ACTIONS APPERTAINING TO OR
INCIDENT TO AN ESTATE OR IN WHICH PERSONAL REPRESENTATIVE IS PARTY.
(a) Except with respect to a cause of action described by Section
15.007, Civil Practice and Remedies Code, venue for the following
is proper in the court in which the estate is pending:
(1) a cause of action appertaining to or incident to a
decedent's estate; and
(2) a cause of action in which the personal
representative of a decedent's estate is a party.
(b) Except with respect to a cause of action described by
Section 15.007, Civil Practice and Remedies Code, venue for a cause
of action against a former personal representative of a decedent's
estate is proper in the court in which the estate is pending or was
last pending.
(c) Notwithstanding any other provision of this chapter,
the proper venue for an action by or against a personal
representative for personal injury, death, or any property damages
related to the personal injury or death action is determined under
Section 15.007, Civil Practice and Remedies Code.
SECTION 4. Section 608, Texas Probate Code, is amended to
read as follows:
Sec. 608. TRANSFER OF GUARDIANSHIP PROCEEDING. (a) A judge
of a statutory probate court, on the motion of a party to the action
or of a person interested in a guardianship, may transfer to the
judge's court from a district, county, or statutory court a cause of
action appertaining to or incident to a guardianship estate that is
pending in the statutory probate court or a cause of action relating
to a guardianship in which a guardian, ward, or proposed ward in a
guardianship pending in the statutory probate court is a party and
may consolidate the transferred cause of action with the other
proceedings in the statutory probate court relating to the
guardianship estate.
(b) Except with respect to a cause of action described by
Section 15.007, Civil Practice and Remedies Code, or Section
123.005, Property Code, venue of a cause of action described by
Subsection (a) of this section is proper, as provided by Section
610A(a) of this code, in the statutory probate court in which the
guardianship is pending, and the judge of the statutory probate
court may transfer the cause of action as provided by Subsection (a)
of this section to the statutory probate court, regardless of
whether venue would otherwise be proper or mandatory in the county
of the court from which the action will be transferred.
SECTION 5. Subpart B, Part 2, Chapter XIII, Texas Probate
Code, is amended by adding Section 610A to read as follows:
Sec. 610A. VENUE FOR CERTAIN ACTIONS APPERTAINING TO OR
INCIDENT TO AN ESTATE OR IN WHICH GUARDIAN, WARD, OR PROPOSED WARD
IS PARTY. (a) Except with respect to a cause of action described
by Section 15.007, Civil Practice and Remedies Code, venue for the
following is proper in the court in which the guardianship estate is
pending:
(1) a cause of action appertaining to or incident to a
guardianship estate; and
(2) a cause of action related to a guardianship in
which a guardian, ward, or proposed ward is a party.
(b) Except with respect to a cause of action described by
Section 15.007, Civil Practice and Remedies Code, venue for a cause
of action against a former guardian of a ward is proper in the court
in which the ward's guardianship is pending or was last pending.
(c) Notwithstanding any other provision of this chapter,
the proper venue for an action by or against a guardian for personal
injury, death, or any property damages related to the personal
injury or death action is determined under Section 15.007, Civil
Practice and Remedies Code.
SECTION 6. Sections 5A(f) and 607(e), Texas Probate Code,
are repealed.
SECTION 7. The changes in law made by this Act apply only to
actions commenced on or after the effective date of this Act. An
action that is commenced before the effective date of this Act is
governed by the law applicable to the action immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 8. This Act takes effect September 1, 2009.