Texas 2009 - 81st Regular

Texas House Bill HR2968 Compare Versions

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1	1	81R38712 KFF-D
2	2	By: Hughes H.R. No. 2968
3	3
4	4
5	5	R E S O L U T I O N
6	6	BE IT RESOLVED by the House of Representatives of the State of
7	7	Texas, 81st Legislature, Regular Session, 2009, That House Rule 13,
8	8	Section 9(a), be suspended in part as provided by House Rule 13,
9	9	Section 9(f), to enable the conference committee appointed to
10	10	resolve the differences on Senate Bill 408 (jurisdiction, venue,
11	11	and appeals in certain matters, including the jurisdiction of and
12	12	appeals from certain courts and administrative decisions and the
13	13	appointment of counsel in certain appeals) to consider and take
14	14	action on the following matters:
15	15	(1) House Rule 13, Section 9(a)(4), is suspended to permit
16	16	the committee to add text not included in either the house or senate
17	17	version of the bill by adding the following SECTIONS to the bill:
18	18	SECTION 12. (a) Section 3(bb), Texas Probate Code, is
19	19	amended to read as follows:
20	20	(bb) "Probate proceeding" is synonymous with the terms
21	21	"Probate matter," ["Probate proceedings,"] "Proceeding in
22	22	probate," and "Proceedings for probate." The term means a matter or
23	23	proceeding related to the estate of a decedent [are synonymous] and
24	24	includes:
25	25	(1) the probate of a will, with or without
26	26	administration of the estate;
27	27	(2) the issuance of letters testamentary and of
28	28	administration;
29	29	(3) an heirship determination or small estate
30	30	affidavit, community property administration, and homestead and
31	31	family allowances;
32	32	(4) an application, petition, motion, or action
33	33	regarding the probate of a will or an estate administration,
34	34	including a claim for money owed by the decedent;
35	35	(5) a claim arising from an estate administration
36	36	and any action brought on the claim;
37	37	(6) the settling of a personal representative's
38	38	account of an estate and any other matter related to the settlement,
39	39	partition, or distribution of an estate; and
40	40	(7) a will construction suit [include a matter or
41	41	proceeding relating to the estate of a decedent].
42	42	(b) Chapter I, Texas Probate Code, is amended by adding
43	43	Sections 4A, 4B, 4C, 4D, 4E, 4F, 4G, and 4H to read as follows:
44	44	Sec. 4A. GENERAL PROBATE COURT JURISDICTION; APPEALS. (a)
45	45	All probate proceedings must be filed and heard in a court
46	46	exercising original probate jurisdiction. The court exercising
47	47	original probate jurisdiction also has jurisdiction of all matters
48	48	related to the probate proceeding as specified in Section 4B of this
49	49	code for that type of court.
50	50	(b) A probate court may exercise pendent and ancillary
51	51	jurisdiction as necessary to promote judicial efficiency and
52	52	economy.
53	53	(c) A final order issued by a probate court is appealable to
54	54	the court of appeals.
55	55	Sec. 4B. MATTERS RELATED TO PROBATE PROCEEDING. (a) For
56	56	purposes of this code, in a county in which there is no statutory
57	57	probate court or county court at law exercising original probate
58	58	jurisdiction, a matter related to a probate proceeding includes:
59	59	(1) an action against a personal representative or
60	60	former personal representative arising out of the representative's
61	61	performance of the duties of a personal representative;
62	62	(2) an action against a surety of a personal
63	63	representative or former personal representative;
64	64	(3) a claim brought by a personal representative on
65	65	behalf of an estate;
66	66	(4) an action brought against a personal
67	67	representative in the representative's capacity as personal
68	68	representative;
69	69	(5) an action for trial of title to real property that
70	70	is estate property, including the enforcement of a lien against the
71	71	property; and
72	72	(6) an action for trial of the right of property that
73	73	is estate property.
74	74	(b) For purposes of this code, in a county in which there is
75	75	no statutory probate court, but in which there is a county court at
76	76	law exercising original probate jurisdiction, a matter related to a
77	77	probate proceeding includes:
78	78	(1) all matters and actions described in Subsection
79	79	(a) of this section;
80	80	(2) the interpretation and administration of a
81	81	testamentary trust if the will creating the trust has been admitted
82	82	to probate in the court; and
83	83	(3) the interpretation and administration of an inter
84	84	vivos trust created by a decedent whose will has been admitted to
85	85	probate in the court.
86	86	(c) For purposes of this code, in a county in which there is
87	87	a statutory probate court, a matter related to a probate proceeding
88	88	includes:
89	89	(1) all matters and actions described in Subsections
90	90	(a) and (b) of this section; and
91	91	(2) any cause of action in which a personal
92	92	representative of an estate pending in the statutory probate court
93	93	is a party in the representative's capacity as personal
94	94	representative.
95	95	Sec. 4C. ORIGINAL JURISDICTION FOR PROBATE PROCEEDINGS.
96	96	(a) In a county in which there is no statutory probate court or
97	97	county court at law exercising original probate jurisdiction, the
98	98	county court has original jurisdiction of probate proceedings.
99	99	(b) In a county in which there is no statutory probate
100	100	court, but in which there is a county court at law exercising
101	101	original probate jurisdiction, the county court at law exercising
102	102	original probate jurisdiction and the county court have concurrent
103	103	original jurisdiction of probate proceedings, unless otherwise
104	104	provided by law. The judge of a county court may hear probate
105	105	proceedings while sitting for the judge of any other county court.
106	106	(c) In a county in which there is a statutory probate court,
107	107	the statutory probate court has original jurisdiction of probate
108	108	proceedings.
109	109	Sec. 4D. JURISDICTION OF CONTESTED PROBATE PROCEEDING IN
110	110	COUNTY WITH NO STATUTORY PROBATE COURT OR STATUTORY COUNTY COURT.
111	111	(a) In a county in which there is no statutory probate court or
112	112	county court at law exercising original probate jurisdiction, when
113	113	a matter in a probate proceeding is contested, the judge of the
114	114	county court may, on the judge's own motion, or shall, on the motion
115	115	of any party to the proceeding, according to the motion:
116	116	(1) request the assignment of a statutory probate
117	117	court judge to hear the contested matter, as provided by Section
118	118	25.0022, Government Code; or
119	119	(2) transfer the contested matter to the district
120	120	court, which may then hear the contested matter as if originally
121	121	filed in the district court.
122	122	(b) If a party to a probate proceeding files a motion for the
123	123	assignment of a statutory probate court judge to hear a contested
124	124	matter in the proceeding before the judge of the county court
125	125	transfers the contested matter to a district court under this
126	126	section, the county judge shall grant the motion for the assignment
127	127	of a statutory probate court judge and may not transfer the matter
128	128	to the district court unless the party withdraws the motion.
129	129	(c) A party to a probate proceeding may file a motion for the
130	130	assignment of a statutory probate court judge under this section
131	131	before a matter in the proceeding becomes contested, and the motion
132	132	is given effect as a motion for assignment of a statutory probate
133	133	court judge under Subsection (a) of this section if the matter later
134	134	becomes contested.
135	135	(d) Notwithstanding any other law, a transfer of a contested
136	136	matter in a probate proceeding to a district court under any
137	137	authority other than the authority provided by this section:
138	138	(1) is disregarded for purposes of this section; and
139	139	(2) does not defeat the right of a party to the
140	140	proceeding to have the matter assigned to a statutory probate court
141	141	judge in accordance with this section.
142	142	(e) A statutory probate court judge assigned to a contested
143	143	matter under this section has the jurisdiction and authority
144	144	granted to a statutory probate court by this code. On resolution of
145	145	a contested matter for which a statutory probate court judge is
146	146	assigned under this section, including any appeal of the matter,
147	147	the statutory probate court judge shall return the matter to the
148	148	county court for further proceedings not inconsistent with the
149	149	orders of the statutory probate court or court of appeals, as
150	150	applicable.
151	151	(f) A district court to which a contested matter is
152	152	transferred under this section has the jurisdiction and authority
153	153	granted to a statutory probate court by this code. On resolution of
154	154	a contested matter transferred to the district court under this
155	155	section, including any appeal of the matter, the district court
156	156	shall return the matter to the county court for further proceedings
157	157	not inconsistent with the orders of the district court or court of
158	158	appeals, as applicable.
159	159	(g) The county court shall continue to exercise
160	160	jurisdiction over the management of the estate, other than a
161	161	contested matter, until final disposition of the contested matter
162	162	is made in accordance with this section. After a contested matter
163	163	is transferred to a district court, any matter related to the
164	164	probate proceeding may be brought in the district court. The
165	165	district court in which a matter related to the probate proceeding
166	166	is filed may, on its own motion or on the motion of any party, find
167	167	that the matter is not a contested matter and transfer the matter to
168	168	the county court with jurisdiction of the management of the estate.
169	169	(h) If a contested matter in a probate proceeding is
170	170	transferred to a district court under this section, the district
171	171	court has jurisdiction of any contested matter in the proceeding
172	172	that is subsequently filed, and the county court shall transfer
173	173	those contested matters to the district court. If a statutory
174	174	probate court judge is assigned under this section to hear a
175	175	contested matter in a probate proceeding, the statutory probate
176	176	court judge shall be assigned to hear any contested matter in the
177	177	proceeding that is subsequently filed.
178	178	(i) The clerk of a district court to which a contested
179	179	matter in a probate proceeding is transferred under this section
180	180	may perform in relation to the contested matter any function a
181	181	county clerk may perform with respect to that type of matter.
182	182	Sec. 4E. JURISDICTION OF CONTESTED PROBATE PROCEEDING IN
183	183	COUNTY WITH NO STATUTORY PROBATE COURT. (a) In a county in which
184	184	there is no statutory probate court, but in which there is a county
185	185	court at law exercising original probate jurisdiction, when a
186	186	matter in a probate proceeding is contested, the judge of the county
187	187	court may, on the judge's own motion, or shall, on the motion of any
188	188	party to the proceeding, transfer the contested matter to the
189	189	county court at law. In addition, the judge of the county court, on
190	190	the judge's own motion or on the motion of a party to the
191	191	proceeding, may transfer the entire proceeding to the county court
192	192	at law.
193	193	(b) A county court at law to which a proceeding is
194	194	transferred under this section may hear the proceeding as if
195	195	originally filed in that court. If only a contested matter in the
196	196	proceeding is transferred, on the resolution of the matter, the
197	197	matter shall be returned to the county court for further
198	198	proceedings not inconsistent with the orders of the county court at
199	199	law.
200	200	Sec. 4F. EXCLUSIVE JURISDICTION OF PROBATE PROCEEDING IN
201	201	COUNTY WITH STATUTORY PROBATE COURT. (a) In a county in which
202	202	there is a statutory probate court, the statutory probate court has
203	203	exclusive jurisdiction of all probate proceedings, regardless of
204	204	whether contested or uncontested. A cause of action related to the
205	205	probate proceeding must be brought in a statutory probate court
206	206	unless the jurisdiction of the statutory probate court is
207	207	concurrent with the jurisdiction of a district court as provided by
208	208	Section 4H of this code or with the jurisdiction of any other court.
209	209	(b) This section shall be construed in conjunction and in
210	210	harmony with Section 145 of this code and all other sections of this
211	211	code relating to independent executors, but may not be construed to
212	212	expand the court's control over an independent executor.
213	213	Sec. 4G. JURISDICTION OF STATUTORY PROBATE COURT WITH
214	214	RESPECT TO TRUSTS AND POWERS OF ATTORNEY. In a county in which
215	215	there is a statutory probate court, the statutory probate court has
216	216	jurisdiction of:
217	217	(1) an action by or against a trustee;
218	218	(2) an action involving an inter vivos trust,
219	219	testamentary trust, or charitable trust;
220	220	(3) an action against an agent or former agent under a
221	221	power of attorney arising out of the agent's performance of the
222	222	duties of an agent; and
223	223	(4) an action to determine the validity of a power of
224	224	attorney or to determine an agent's rights, powers, or duties under
225	225	a power of attorney.
226	226	Sec. 4H. CONCURRENT JURISDICTION WITH DISTRICT COURT. A
227	227	statutory probate court has concurrent jurisdiction with the
228	228	district court in:
229	229	(1) a personal injury, survival, or wrongful death
230	230	action by or against a person in the person's capacity as a personal
231	231	representative;
232	232	(2) an action by or against a trustee;
233	233	(3) an action involving an inter vivos trust,
234	234	testamentary trust, or charitable trust;
235	235	(4) an action involving a personal representative of
236	236	an estate in which each other party aligned with the personal
237	237	representative is not an interested person in that estate;
238	238	(5) an action against an agent or former agent under a
239	239	power of attorney arising out of the agent's performance of the
240	240	duties of an agent; and
241	241	(6) an action to determine the validity of a power of
242	242	attorney or to determine an agent's rights, powers, or duties under
243	243	a power of attorney.
244	244	(c) Section 5B(a), Texas Probate Code, is amended to read as
245	245	follows:
246	246	(a) A judge of a statutory probate court, on the motion of a
247	247	party to the action or on the motion of a person interested in an
248	248	estate, may transfer to the judge's [his] court from a district,
249	249	county, or statutory court a cause of action related to a probate
250	250	proceeding [appertaining to or incident to an estate] pending in
251	251	the statutory probate court or a cause of action in which a personal
252	252	representative of an estate pending in the statutory probate court
253	253	is a party and may consolidate the transferred cause of action with
254	254	the other proceedings in the statutory probate court relating to
255	255	that estate.
256	256	(d) Section 25.0022(i), Government Code, is amended to read
257	257	as follows:
258	258	(i) A judge assigned under this section has the
259	259	jurisdiction, powers, and duties given by Sections 4A, 4C, 4F, 4G,
260	260	4H [5, 5A], 5B, 606, 607, and 608, Texas Probate Code, to statutory
261	261	probate court judges by general law.
262	262	(e) Section 25.1132(c), Government Code, is amended to read
263	263	as follows:
264	264	(c) A county court at law in Hood County has concurrent
265	265	jurisdiction with the district court in:
266	266	(1) civil cases in which the matter in controversy
267	267	exceeds $500 but does not exceed $250,000, excluding interest;
268	268	(2) family law cases and related proceedings;
269	269	(3) contested probate matters under Section 4D(a)
270	270	[5(b)], Texas Probate Code; and
271	271	(4) contested guardianship matters under Section
272	272	606(b), Texas Probate Code.
273	273	(f) Section 25.1863(b), Government Code, is amended to read
274	274	as follows:
275	275	(b) A county court at law has concurrent jurisdiction with
276	276	the district court over contested probate
277	277	matters. Notwithstanding the requirement in [Subsection (b),]
278	278	Section 4D(a) [5], Texas Probate Code, that the judge of the
279	279	constitutional county court transfer a contested probate
280	280	proceeding to the district court, the judge of the constitutional
281	281	county court shall transfer the proceeding under that section to
282	282	either a county court at law in Parker County or a district court in
283	283	Parker County. A county court at law has the jurisdiction, powers,
284	284	and duties that a district court has under [Subsection (b),]
285	285	Section 4D(a) [5], Texas Probate Code, for the transferred
286	286	proceeding, and the county clerk acts as clerk for the
287	287	proceeding. The contested proceeding may be transferred between a
288	288	county court at law in Parker County and a district court in Parker
289	289	County as provided by local rules of administration.
290	290	(g) Section 123.005(a), Property Code, is amended to read as
291	291	follows:
292	292	(a) Venue in a proceeding brought by the attorney general
293	293	alleging breach of a fiduciary duty by a fiduciary or managerial
294	294	agent of a charitable trust shall be a court of competent
295	295	jurisdiction in Travis County or in the county where the defendant
296	296	resides or has its principal office. To the extent of a conflict
297	297	between this subsection and any provision of the Texas Probate Code
298	298	providing for venue of a proceeding brought with respect to a
299	299	charitable trust created by a will that has been admitted to
300	300	probate, this subsection controls.
301	301	(h) Sections 4, 5, and 5A, Texas Probate Code, are repealed.
302	302	(i) The changes in law made by this section apply only to an
303	303	action filed or a proceeding commenced on or after the effective
304	304	date of this Act. An action filed or proceeding commenced before
305	305	the effective date of this Act is governed by the law in effect on
306	306	the date the action was filed or the proceeding was commenced, and
307	307	the former law is continued in effect for that purpose.
308	308	SECTION 13. (a) Effective January 1, 2014, Subtitle A,
309	309	Title 2, Estates Code, as adopted by H.B. No. 2502, Acts of the 81st
310	310	Legislature, Regular Session, 2009, if that Act is enacted and
311	311	becomes law, is amended by adding Chapters 31 and 32 to read as
312	312	follows:
313	313	CHAPTER 31. GENERAL PROVISIONS
314	314	Sec. 31.001. SCOPE OF "PROBATE PROCEEDING" FOR PURPOSES OF
315	315	CODE. The term "probate proceeding," as used in this code,
316	316	includes:
317	317	(1) the probate of a will, with or without
318	318	administration of the estate;
319	319	(2) the issuance of letters testamentary and of
320	320	administration;
321	321	(3) an heirship determination or small estate
322	322	affidavit, community property administration, and homestead and
323	323	family allowances;
324	324	(4) an application, petition, motion, or action
325	325	regarding the probate of a will or an estate administration,
326	326	including a claim for money owed by the decedent;
327	327	(5) a claim arising from an estate administration and
328	328	any action brought on the claim;
329	329	(6) the settling of a personal representative's
330	330	account of an estate and any other matter related to the settlement,
331	331	partition, or distribution of an estate; and
332	332	(7) a will construction suit.
333	333	Sec. 31.002. MATTERS RELATED TO PROBATE PROCEEDING. (a)
334	334	For purposes of this code, in a county in which there is no
335	335	statutory probate court or county court at law exercising original
336	336	probate jurisdiction, a matter related to a probate proceeding
337	337	includes:
338	338	(1) an action against a personal representative or
339	339	former personal representative arising out of the representative's
340	340	performance of the duties of a personal representative;
341	341	(2) an action against a surety of a personal
342	342	representative or former personal representative;
343	343	(3) a claim brought by a personal representative on
344	344	behalf of an estate;
345	345	(4) an action brought against a personal
346	346	representative in the representative's capacity as personal
347	347	representative;
348	348	(5) an action for trial of title to real property that
349	349	is estate property, including the enforcement of a lien against the
350	350	property; and
351	351	(6) an action for trial of the right of property that
352	352	is estate property.
353	353	(b) For purposes of this code, in a county in which there is
354	354	no statutory probate court, but in which there is a county court at
355	355	law exercising original probate jurisdiction, a matter related to a
356	356	probate proceeding includes:
357	357	(1) all matters and actions described in Subsection
358	358	(a);
359	359	(2) the interpretation and administration of a
360	360	testamentary trust if the will creating the trust has been admitted
361	361	to probate in the court; and
362	362	(3) the interpretation and administration of an inter
363	363	vivos trust created by a decedent whose will has been admitted to
364	364	probate in the court.
365	365	(c) For purposes of this code, in a county in which there is
366	366	a statutory probate court, a matter related to a probate proceeding
367	367	includes:
368	368	(1) all matters and actions described in Subsections
369	369	(a) and (b); and
370	370	(2) any cause of action in which a personal
371	371	representative of an estate pending in the statutory probate court
372	372	is a party in the representative's capacity as personal
373	373	representative.
374	374	CHAPTER 32. JURISDICTION
375	375	Sec. 32.001. GENERAL PROBATE COURT JURISDICTION; APPEALS.
376	376	(a) All probate proceedings must be filed and heard in a court
377	377	exercising original probate jurisdiction. The court exercising
378	378	original probate jurisdiction also has jurisdiction of all matters
379	379	related to the probate proceeding as specified in Section 31.002
380	380	for that type of court.
381	381	(b) A probate court may exercise pendent and ancillary
382	382	jurisdiction as necessary to promote judicial efficiency and
383	383	economy.
384	384	(c) A final order issued by a probate court is appealable to
385	385	the court of appeals.
386	386	Sec. 32.002. ORIGINAL JURISDICTION FOR PROBATE
387	387	PROCEEDINGS. (a) In a county in which there is no statutory
388	388	probate court or county court at law exercising original probate
389	389	jurisdiction, the county court has original jurisdiction of probate
390	390	proceedings.
391	391	(b) In a county in which there is no statutory probate
392	392	court, but in which there is a county court at law exercising
393	393	original probate jurisdiction, the county court at law exercising
394	394	original probate jurisdiction and the county court have concurrent
395	395	original jurisdiction of probate proceedings, unless otherwise
396	396	provided by law. The judge of a county court may hear probate
397	397	proceedings while sitting for the judge of any other county court.
398	398	(c) In a county in which there is a statutory probate court,
399	399	the statutory probate court has original jurisdiction of probate
400	400	proceedings.
401	401	Sec. 32.003. JURISDICTION OF CONTESTED PROBATE PROCEEDING
402	402	IN COUNTY WITH NO STATUTORY PROBATE COURT OR STATUTORY COUNTY
403	403	COURT. (a) In a county in which there is no statutory probate court
404	404	or county court at law exercising original probate jurisdiction,
405	405	when a matter in a probate proceeding is contested, the judge of the
406	406	county court may, on the judge's own motion, or shall, on the motion
407	407	of any party to the proceeding, according to the motion:
408	408	(1) request the assignment of a statutory probate
409	409	court judge to hear the contested matter, as provided by Section
410	410	25.0022, Government Code; or
411	411	(2) transfer the contested matter to the district
412	412	court, which may then hear the contested matter as if originally
413	413	filed in the district court.
414	414	(b) If a party to a probate proceeding files a motion for the
415	415	assignment of a statutory probate court judge to hear a contested
416	416	matter in the proceeding before the judge of the county court
417	417	transfers the contested matter to a district court under this
418	418	section, the county judge shall grant the motion for the assignment
419	419	of a statutory probate court judge and may not transfer the matter
420	420	to the district court unless the party withdraws the motion.
421	421	(c) A party to a probate proceeding may file a motion for the
422	422	assignment of a statutory probate court judge under this section
423	423	before a matter in the proceeding becomes contested, and the motion
424	424	is given effect as a motion for assignment of a statutory probate
425	425	court judge under Subsection (a) if the matter later becomes
426	426	contested.
427	427	(d) Notwithstanding any other law, a transfer of a contested
428	428	matter in a probate proceeding to a district court under any
429	429	authority other than the authority provided by this section:
430	430	(1) is disregarded for purposes of this section; and
431	431	(2) does not defeat the right of a party to the
432	432	proceeding to have the matter assigned to a statutory probate court
433	433	judge in accordance with this section.
434	434	(e) A statutory probate court judge assigned to a contested
435	435	matter under this section has the jurisdiction and authority
436	436	granted to a statutory probate court by this subtitle. On
437	437	resolution of a contested matter for which a statutory probate
438	438	court judge is assigned under this section, including any appeal of
439	439	the matter, the statutory probate court judge shall return the
440	440	matter to the county court for further proceedings not inconsistent
441	441	with the orders of the statutory probate court or court of appeals,
442	442	as applicable.
443	443	(f) A district court to which a contested matter is
444	444	transferred under this section has the jurisdiction and authority
445	445	granted to a statutory probate court by this subtitle. On
446	446	resolution of a contested matter transferred to the district court
447	447	under this section, including any appeal of the matter, the
448	448	district court shall return the matter to the county court for
449	449	further proceedings not inconsistent with the orders of the
450	450	district court or court of appeals, as applicable.
451	451	(g) The county court shall continue to exercise
452	452	jurisdiction over the management of the estate, other than a
453	453	contested matter, until final disposition of the contested matter
454	454	is made in accordance with this section. After a contested matter
455	455	is transferred to a district court, any matter related to the
456	456	probate proceeding may be brought in the district court. The
457	457	district court in which a matter related to the probate proceeding
458	458	is filed may, on its own motion or on the motion of any party, find
459	459	that the matter is not a contested matter and transfer the matter to
460	460	the county court with jurisdiction of the management of the estate.
461	461	(h) If a contested matter in a probate proceeding is
462	462	transferred to a district court under this section, the district
463	463	court has jurisdiction of any contested matter in the proceeding
464	464	that is subsequently filed, and the county court shall transfer
465	465	those contested matters to the district court. If a statutory
466	466	probate court judge is assigned under this section to hear a
467	467	contested matter in a probate proceeding, the statutory probate
468	468	court judge shall be assigned to hear any contested matter in the
469	469	proceeding that is subsequently filed.
470	470	(i) The clerk of a district court to which a contested
471	471	matter in a probate proceeding is transferred under this section
472	472	may perform in relation to the contested matter any function a
473	473	county clerk may perform with respect to that type of matter.
474	474	Sec. 32.004. JURISDICTION OF CONTESTED PROBATE PROCEEDING
475	475	IN COUNTY WITH NO STATUTORY PROBATE COURT. (a) In a county in which
476	476	there is no statutory probate court, but in which there is a county
477	477	court at law exercising original probate jurisdiction, when a
478	478	matter in a probate proceeding is contested, the judge of the county
479	479	court may, on the judge's own motion, or shall, on the motion of any
480	480	party to the proceeding, transfer the contested matter to the
481	481	county court at law. In addition, the judge of the county court, on
482	482	the judge's own motion or on the motion of a party to the
483	483	proceeding, may transfer the entire proceeding to the county court
484	484	at law.
485	485	(b) A county court at law to which a proceeding is
486	486	transferred under this section may hear the proceeding as if
487	487	originally filed in that court. If only a contested matter in the
488	488	proceeding is transferred, on the resolution of the matter, the
489	489	matter shall be returned to the county court for further
490	490	proceedings not inconsistent with the orders of the county court at
491	491	law.
492	492	Sec. 32.005. EXCLUSIVE JURISDICTION OF PROBATE PROCEEDING
493	493	IN COUNTY WITH STATUTORY PROBATE COURT. (a) In a county in which
494	494	there is a statutory probate court, the statutory probate court has
495	495	exclusive jurisdiction of all probate proceedings, regardless of
496	496	whether contested or uncontested. A cause of action related to the
497	497	probate proceeding must be brought in a statutory probate court
498	498	unless the jurisdiction of the statutory probate court is
499	499	concurrent with the jurisdiction of a district court as provided by
500	500	Section 32.007 or with the jurisdiction of any other court.
501	501	(b) This section shall be construed in conjunction and in
502	502	harmony with Section 145 and all other sections of this title
503	503	relating to independent executors, but may not be construed to
504	504	expand the court's control over an independent executor.
505	505	Sec. 32.006. JURISDICTION OF STATUTORY PROBATE COURT WITH
506	506	RESPECT TO TRUSTS AND POWERS OF ATTORNEY. In a county in which
507	507	there is a statutory probate court, the statutory probate court has
508	508	jurisdiction of:
509	509	(1) an action by or against a trustee;
510	510	(2) an action involving an inter vivos trust,
511	511	testamentary trust, or charitable trust;
512	512	(3) an action against an agent or former agent under a
513	513	power of attorney arising out of the agent's performance of the
514	514	duties of an agent; and
515	515	(4) an action to determine the validity of a power of
516	516	attorney or to determine an agent's rights, powers, or duties under
517	517	a power of attorney.
518	518	Sec. 32.007. CONCURRENT JURISDICTION WITH DISTRICT COURT.
519	519	A statutory probate court has concurrent jurisdiction with the
520	520	district court in:
521	521	(1) a personal injury, survival, or wrongful death
522	522	action by or against a person in the person's capacity as a personal
523	523	representative;
524	524	(2) an action by or against a trustee;
525	525	(3) an action involving an inter vivos trust,
526	526	testamentary trust, or charitable trust;
527	527	(4) an action involving a personal representative of
528	528	an estate in which each other party aligned with the personal
529	529	representative is not an interested person in that estate;
530	530	(5) an action against an agent or former agent under a
531	531	power of attorney arising out of the agent's performance of the
532	532	duties of an agent; and
533	533	(6) an action to determine the validity of a power of
534	534	attorney or to determine an agent's rights, powers, or duties under
535	535	a power of attorney.
536	536	(b) Sections 4A, 4B, 4C, 4D, 4E, 4F, 4G, and 4H, Texas
537	537	Probate Code, as added by Section 12 of this Act, are repealed.
538	538	(c) Except as otherwise provided by this subsection, this
539	539	section takes effect January 1, 2014. The changes in law made by
540	540	this section take effect only if H.B. No. 2502, Acts of the 81st
541	541	Legislature, Regular Session, 2009, is enacted and becomes law. If
542	542	that bill does not become law, this section has no effect.
543	543	Explanation: This addition is necessary to amend provisions
544	544	relating to jurisdiction and venue of probate proceedings and
545	545	proceedings regarding powers of attorney and certain trusts and to
546	546	add corresponding provisions to the Estates Code if legislation
547	547	creating that code is enacted and becomes law.
548	548	(2) House Rule 13, Section 9(a)(1), is suspended to permit
549	549	the committee to change, alter, or amend text not in disagreement by
550	550	substituting the following for the effective date provision of the
551	551	bill:
552	552	SECTION 15. Except as otherwise provided by this Act, this
553	553	Act takes effect September 1, 2009.
554	554	Explanation: The change in the effective date provision is a
555	555	technical change made necessary by the addition of SECTION 13 to the
556	556	bill, as explained in Item (1) of this resolution. The changes in
557	557	law made by that SECTION take effect January 1, 2014, if certain
558	558	circumstances are met.