| 1 | 1 | | 81R3781 CLG-D |
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| 2 | 2 | | By: Hinojosa S.B. No. 1267 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to transfer of certain probate matters and guardianship |
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| 8 | 8 | | matters. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 5B(a), Texas Probate Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) A judge of a statutory probate court, on the motion of a |
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| 13 | 13 | | party to the action or on the motion of a person interested in an |
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| 14 | 14 | | estate, may transfer to his court from a district, county, or |
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| 15 | 15 | | statutory court a cause of action appertaining to or incident to an |
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| 16 | 16 | | estate pending in the statutory probate court or a cause of action |
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| 17 | 17 | | in which a personal representative of an estate pending in the |
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| 18 | 18 | | statutory probate court is a party and may consolidate the |
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| 19 | 19 | | transferred cause of action with the other proceedings in the |
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| 20 | 20 | | statutory probate court relating to that estate. The judge of a |
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| 21 | 21 | | statutory probate court may transfer a cause of action described by |
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| 22 | 22 | | this subsection to the judge's court only if venue would otherwise |
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| 23 | 23 | | be proper or mandatory in the county of that statutory probate |
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| 24 | 24 | | court. |
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| 25 | 25 | | SECTION 2. Section 608, Texas Probate Code, is amended to |
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| 26 | 26 | | read as follows: |
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| 27 | 27 | | Sec. 608. TRANSFER OF GUARDIANSHIP PROCEEDING. A judge of a |
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| 28 | 28 | | statutory probate court, on the motion of a party to the action or |
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| 29 | 29 | | of a person interested in a guardianship, may transfer to the |
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| 30 | 30 | | judge's court from a district, county, or statutory court a cause of |
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| 31 | 31 | | action appertaining to or incident to a guardianship estate that is |
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| 32 | 32 | | pending in the statutory probate court or a cause of action relating |
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| 33 | 33 | | to a guardianship in which a guardian, ward, or proposed ward in a |
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| 34 | 34 | | guardianship pending in the statutory probate court is a party and |
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| 35 | 35 | | may consolidate the transferred cause of action with the other |
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| 36 | 36 | | proceedings in the statutory probate court relating to the |
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| 37 | 37 | | guardianship estate. The judge of a statutory probate court may |
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| 38 | 38 | | transfer a cause of action described by this section to the judge's |
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| 39 | 39 | | court only if venue would otherwise be proper or mandatory in the |
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| 40 | 40 | | county of that statutory probate court. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2009. |
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