81R3781 CLG-D
By: Hinojosa S.B. No. 1267
A BILL TO BE ENTITLED
AN ACT
relating to transfer of certain probate matters and guardianship
matters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5B(a), Texas Probate Code, is amended to
read as follows:
(a) A judge of a statutory probate court, on the motion of a
party to the action or on the motion of a person interested in an
estate, may transfer to his court from a district, county, or
statutory court a cause of action appertaining to or incident to an
estate pending in the statutory probate court or a cause of action
in which a personal representative of an estate 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 that estate. The judge of a
statutory probate court may transfer a cause of action described by
this subsection to the judge's court only if venue would otherwise
be proper or mandatory in the county of that statutory probate
court.
SECTION 2. Section 608, Texas Probate Code, is amended to
read as follows:
Sec. 608. TRANSFER OF GUARDIANSHIP PROCEEDING. 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. The judge of a statutory probate court may
transfer a cause of action described by this section to the judge's
court only if venue would otherwise be proper or mandatory in the
county of that statutory probate court.
SECTION 3. This Act takes effect September 1, 2009.