Texas 2009 - 81st Regular

Texas Senate Bill SB408 Compare Versions

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1	1	S.B. No. 408
2	2
3	3
4	4	AN ACT
5	5	relating to jurisdiction, venue, and appeals in certain matters,
6	6	including the jurisdiction of and appeals from certain courts and
7	7	administrative decisions and the appointment of counsel in certain
8	8	appeals.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 51.012, Civil Practice and Remedies
11	11	Code, is amended to read as follows:
12	12	Sec. 51.012. APPEAL OR WRIT OF ERROR TO COURT OF APPEALS.
13	13	In a civil case in which the judgment or amount in controversy
14	14	exceeds $250 [$100], exclusive of interest and costs, a person may
15	15	take an appeal or writ of error to the court of appeals from a final
16	16	judgment of the district or county court.
17	17	SECTION 2. (a) Section 82.003, Civil Practice and Remedies
18	18	Code, is amended by adding Subsection (c) to read as follows:
19	19	(c) If after service on a nonresident manufacturer through
20	20	the secretary of state in the manner prescribed by Subchapter C,
21	21	Chapter 17, the manufacturer fails to answer or otherwise make an
22	22	appearance in the time required by law, it is conclusively presumed
23	23	for the purposes of Subsection (a)(7)(B) that the manufacturer is
24	24	not subject to the jurisdiction of the court unless the seller is
25	25	able to secure personal jurisdiction over the manufacturer in the
26	26	action.
27	27	(b) The change in law made by this section applies to an
28	28	action filed on or after the effective date of this Act or pending
29	29	on the effective date of this Act.
30	30	SECTION 3. Subsection (a), Section 22.220, Government Code,
31	31	is amended to read as follows:
32	32	(a) Each court of appeals has appellate jurisdiction of all
33	33	civil cases within its district of which the district courts or
34	34	county courts have jurisdiction when the amount in controversy or
35	35	the judgment rendered exceeds $250 [$100], exclusive of interest
36	36	and costs.
37	37	SECTION 4. Subchapter A, Chapter 25, Government Code, is
38	38	amended by adding Section 25.0020 to read as follows:
39	39	Sec. 25.0020. APPOINTMENT OF COUNSEL IN CERTAIN APPEALS.
40	40	(a) On a written application of any party to an eviction suit, the
41	41	county court or county court at law in which an appeal of the suit is
42	42	filed may appoint any qualified attorney who is willing to provide
43	43	pro bono services in the matter or counsel from a list provided by a
44	44	pro bono legal services program of counsel willing to be appointed
45	45	to handle appeals under this section to attend to the cause of a
46	46	party who:
47	47	(1) was in possession of the residence at the time the
48	48	eviction suit was filed in the justice court; and
49	49	(2) has perfected the appeal on a pauper's affidavit
50	50	approved in accordance with Rule 749a, Texas Rules of Civil
51	51	Procedure.
52	52	(b) The appointed counsel shall represent the individual in
53	53	the proceedings of the suit in the county court or county court at
54	54	law. At the conclusion of those proceedings, the appointment
55	55	terminates.
56	56	(c) The court may terminate representation appointed under
57	57	this section for cause.
58	58	(d) Appointed counsel may not receive attorney's fees
59	59	unless the recovery of attorney's fees is provided for by contract,
60	60	statute, common law, court rules, or other regulations. The county
61	61	is not responsible for payment of attorney's fees to appointed
62	62	counsel.
63	63	(e) The court shall provide for a method of service of
64	64	written notice on the parties to an eviction suit of the right to
65	65	request an appointment of counsel on perfection of appeal on
66	66	approval of a pauper's affidavit.
67	67	SECTION 5. Subchapter A, Chapter 26, Government Code, is
68	68	amended by adding Section 26.010 to read as follows:
69	69	Sec. 26.010. APPOINTMENT OF COUNSEL IN CERTAIN APPEALS.
70	70	(a) On a written application of any party to an eviction suit, the
71	71	county court or county court at law in which an appeal of the suit is
72	72	filed may appoint any qualified attorney who is willing to provide
73	73	pro bono services in the matter or counsel from a list provided by a
74	74	pro bono legal services program of counsel willing to be appointed
75	75	to handle appeals under this section to attend to the cause of a
76	76	party who:
77	77	(1) was in possession of the residence at the time the
78	78	eviction suit was filed in the justice court; and
79	79	(2) has perfected the appeal on a pauper's affidavit
80	80	approved in accordance with Rule 749a, Texas Rules of Civil
81	81	Procedure.
82	82	(b) The appointed counsel shall represent the individual in
83	83	the proceedings of the suit in the county court or county court at
84	84	law. At the conclusion of those proceedings, the appointment
85	85	terminates.
86	86	(c) The court may terminate representation appointed under
87	87	this section for cause.
88	88	(d) Appointed counsel may not receive attorney's fees
89	89	unless the recovery of attorney's fees is provided for by contract,
90	90	statute, common law, court rules, or other regulations. The county
91	91	is not responsible for payment of attorney's fees to appointed
92	92	counsel.
93	93	(e) The court shall provide for a method of service of
94	94	written notice on the parties to an eviction suit of the right to
95	95	request an appointment of counsel on perfection of appeal on
96	96	approval of a pauper's affidavit.
97	97	SECTION 6. Subsection (c), Section 26.042, Government Code,
98	98	is amended to read as follows:
99	99	(c) If under Subchapter E a county court has original
100	100	concurrent jurisdiction with the justice courts in all civil
101	101	matters in which the justice courts have jurisdiction, an appeal or
102	102	writ of error may not be taken to the court of appeals from a final
103	103	judgment of the county court in a civil case in which:
104	104	(1) the county court has appellate or original
105	105	concurrent jurisdiction with the justice courts; and
106	106	(2) the judgment or amount in controversy does not
107	107	exceed $250 [$100], exclusive of interest and costs.
108	108	SECTION 7. Subsection (b), Section 28.052, Government Code,
109	109	is amended to read as follows:
110	110	(b) Except to the extent of any conflict with this
111	111	subchapter, appeal [Appeal] is in the manner provided by law for
112	112	appeals [appeal] from justice courts [court to county court].
113	113	SECTION 8. The heading to Section 28.053, Government Code,
114	114	is amended to read as follows:
115	115	Sec. 28.053. DE NOVO TRIAL [HEARING] ON APPEAL.
116	116	SECTION 9. Subsections (b) and (d), Section 28.053,
117	117	Government Code, are amended to read as follows:
118	118	(b) Trial on appeal to the county court or county court at
119	119	law is de novo. No further pleadings are required [and the
120	120	procedure is the same as in small claims court].
121	121	(d) A person may appeal the final judgment [Judgment] of the
122	122	county court or county court at law on the appeal to the court of
123	123	appeals [is final].
124	124	SECTION 10. (a) Subsections (a) and (e), Section 531.019,
125	125	Government Code, as added by Chapter 1161 (H.B. 75), Acts of the
126	126	80th Legislature, Regular Session, 2007, are amended to read as
127	127	follows:
128	128	(a) In this section, "public assistance benefits" means
129	129	benefits provided under a public assistance program under Chapter
130	130	31, 32, or 33, Human Resources Code.
131	131	(e) For purposes of Section 2001.171, an applicant for or
132	132	recipient of public assistance benefits has exhausted all available
133	133	administrative remedies and a decision, including a decision under
134	134	Section 31.034 or 32.035, Human Resources Code, is final and
135	135	appealable on the date that, after a hearing:
136	136	(1) the hearing officer for the commission or a health
137	137	and human services agency reaches a final decision related to the
138	138	benefits; and
139	139	(2) the appropriate attorney completes an
140	140	administrative review of the decision and notifies the applicant or
141	141	recipient in writing of the results of that review.
142	142	(b) The changes in law made by this section apply only to an
143	143	appeal of a final decision by the Health and Human Services
144	144	Commission related to financial assistance benefits under Chapter
145	145	31, Human Resources Code, that is rendered on or after the effective
146	146	date of this Act. A final decision rendered by the commission
147	147	before the effective date of this Act is governed by the law in
148	148	effect on the date the decision was rendered, and the former law is
149	149	continued in effect for that purpose.
150	150	SECTION 11. (a) Subsection (a), Section 821.025, Health
151	151	and Safety Code, is amended to read as follows:
152	152	(a) An owner divested of ownership of an animal under
153	153	Section 821.023 [ordered sold at public auction as provided in this
154	154	subchapter] may appeal the order to a county court or county court
155	155	at law in the county in which the justice or municipal court is
156	156	located. As a condition of perfecting an appeal, not later than the
157	157	10th calendar day after the date the order is issued, the owner must
158	158	file a notice of appeal and an appeal bond in an amount determined
159	159	by the [justice or municipal] court from which the appeal is taken
160	160	to be adequate to cover the estimated expenses incurred in housing
161	161	and caring for the impounded animal during the appeal process. Not
162	162	later than the fifth calendar day after the date the notice of
163	163	appeal and appeal bond is filed, the court from which the appeal is
164	164	taken shall deliver a copy of the court's transcript to the county
165	165	court or county court at law to which the appeal is made. Not later
166	166	than the 10th calendar day after the date the county court or county
167	167	court at law, as appropriate, receives the transcript, the court
168	168	shall dispose of the appeal. The decision of the county court or
169	169	county court at law under this section is final and may not be
170	170	further appealed. [An owner may not appeal an order:
171	171	[(1) to give the animal to a nonprofit animal shelter,
172	172	pound, or society for the protection of animals; or
173	173	[(2) to humanely destroy the animal.]
174	174	(b) Subsection (a), Section 821.025, Health and Safety
175	175	Code, as amended by this section, applies only to an appeal of a
176	176	court order issued on or after the effective date of this Act. An
177	177	appeal of a court order issued before the effective date of this Act
178	178	is covered by the law in effect when the appeal was issued, and the
179	179	former law is continued in effect for that purpose.
180	180	SECTION 12. (a) Subsection (bb), Section 3, Texas Probate
181	181	Code, is amended to read as follows:
182	182	(bb) "Probate proceeding" is synonymous with the terms
183	183	"Probate matter," ["Probate proceedings,"] "Proceeding in
184	184	probate," and "Proceedings for probate." The term means a matter or
185	185	proceeding related to the estate of a decedent [are synonymous] and
186	186	includes:
187	187	(1) the probate of a will, with or without
188	188	administration of the estate;
189	189	(2) the issuance of letters testamentary and of
190	190	administration;
191	191	(3) an heirship determination or small estate
192	192	affidavit, community property administration, and homestead and
193	193	family allowances;
194	194	(4) an application, petition, motion, or action
195	195	regarding the probate of a will or an estate administration,
196	196	including a claim for money owed by the decedent;
197	197	(5) a claim arising from an estate administration
198	198	and any action brought on the claim;
199	199	(6) the settling of a personal representative's
200	200	account of an estate and any other matter related to the settlement,
201	201	partition, or distribution of an estate; and
202	202	(7) a will construction suit [include a matter or
203	203	proceeding relating to the estate of a decedent].
204	204	(b) Chapter I, Texas Probate Code, is amended by adding
205	205	Sections 4A, 4B, 4C, 4D, 4E, 4F, 4G, and 4H to read as follows:
206	206	Sec. 4A. GENERAL PROBATE COURT JURISDICTION; APPEALS.
207	207	(a) All probate proceedings must be filed and heard in a court
208	208	exercising original probate jurisdiction. The court exercising
209	209	original probate jurisdiction also has jurisdiction of all matters
210	210	related to the probate proceeding as specified in Section 4B of this
211	211	code for that type of court.
212	212	(b) A probate court may exercise pendent and ancillary
213	213	jurisdiction as necessary to promote judicial efficiency and
214	214	economy.
215	215	(c) A final order issued by a probate court is appealable to
216	216	the court of appeals.
217	217	Sec. 4B. MATTERS RELATED TO PROBATE PROCEEDING. (a) For
218	218	purposes of this code, in a county in which there is no statutory
219	219	probate court or county court at law exercising original probate
220	220	jurisdiction, a matter related to a probate proceeding includes:
221	221	(1) an action against a personal representative or
222	222	former personal representative arising out of the representative's
223	223	performance of the duties of a personal representative;
224	224	(2) an action against a surety of a personal
225	225	representative or former personal representative;
226	226	(3) a claim brought by a personal representative on
227	227	behalf of an estate;
228	228	(4) an action brought against a personal
229	229	representative in the representative's capacity as personal
230	230	representative;
231	231	(5) an action for trial of title to real property that
232	232	is estate property, including the enforcement of a lien against the
233	233	property; and
234	234	(6) an action for trial of the right of property that
235	235	is estate property.
236	236	(b) For purposes of this code, in a county in which there is
237	237	no statutory probate court, but in which there is a county court at
238	238	law exercising original probate jurisdiction, a matter related to a
239	239	probate proceeding includes:
240	240	(1) all matters and actions described in Subsection
241	241	(a) of this section;
242	242	(2) the interpretation and administration of a
243	243	testamentary trust if the will creating the trust has been admitted
244	244	to probate in the court; and
245	245	(3) the interpretation and administration of an inter
246	246	vivos trust created by a decedent whose will has been admitted to
247	247	probate in the court.
248	248	(c) For purposes of this code, in a county in which there is
249	249	a statutory probate court, a matter related to a probate proceeding
250	250	includes:
251	251	(1) all matters and actions described in Subsections
252	252	(a) and (b) of this section; and
253	253	(2) any cause of action in which a personal
254	254	representative of an estate pending in the statutory probate court
255	255	is a party in the representative's capacity as personal
256	256	representative.
257	257	Sec. 4C. ORIGINAL JURISDICTION FOR PROBATE PROCEEDINGS.
258	258	(a) In a county in which there is no statutory probate court or
259	259	county court at law exercising original probate jurisdiction, the
260	260	county court has original jurisdiction of probate proceedings.
261	261	(b) In a county in which there is no statutory probate
262	262	court, but in which there is a county court at law exercising
263	263	original probate jurisdiction, the county court at law exercising
264	264	original probate jurisdiction and the county court have concurrent
265	265	original jurisdiction of probate proceedings, unless otherwise
266	266	provided by law. The judge of a county court may hear probate
267	267	proceedings while sitting for the judge of any other county court.
268	268	(c) In a county in which there is a statutory probate court,
269	269	the statutory probate court has original jurisdiction of probate
270	270	proceedings.
271	271	Sec. 4D. JURISDICTION OF CONTESTED PROBATE PROCEEDING IN
272	272	COUNTY WITH NO STATUTORY PROBATE COURT OR STATUTORY COUNTY COURT.
273	273	(a) In a county in which there is no statutory probate court or
274	274	county court at law exercising original probate jurisdiction, when
275	275	a matter in a probate proceeding is contested, the judge of the
276	276	county court may, on the judge's own motion, or shall, on the motion
277	277	of any party to the proceeding, according to the motion:
278	278	(1) request the assignment of a statutory probate
279	279	court judge to hear the contested matter, as provided by Section
280	280	25.0022, Government Code; or
281	281	(2) transfer the contested matter to the district
282	282	court, which may then hear the contested matter as if originally
283	283	filed in the district court.
284	284	(b) If a party to a probate proceeding files a motion for the
285	285	assignment of a statutory probate court judge to hear a contested
286	286	matter in the proceeding before the judge of the county court
287	287	transfers the contested matter to a district court under this
288	288	section, the county judge shall grant the motion for the assignment
289	289	of a statutory probate court judge and may not transfer the matter
290	290	to the district court unless the party withdraws the motion.
291	291	(c) A party to a probate proceeding may file a motion for the
292	292	assignment of a statutory probate court judge under this section
293	293	before a matter in the proceeding becomes contested, and the motion
294	294	is given effect as a motion for assignment of a statutory probate
295	295	court judge under Subsection (a) of this section if the matter later
296	296	becomes contested.
297	297	(d) Notwithstanding any other law, a transfer of a contested
298	298	matter in a probate proceeding to a district court under any
299	299	authority other than the authority provided by this section:
300	300	(1) is disregarded for purposes of this section; and
301	301	(2) does not defeat the right of a party to the
302	302	proceeding to have the matter assigned to a statutory probate court
303	303	judge in accordance with this section.
304	304	(e) A statutory probate court judge assigned to a contested
305	305	matter under this section has the jurisdiction and authority
306	306	granted to a statutory probate court by this code. On resolution of
307	307	a contested matter for which a statutory probate court judge is
308	308	assigned under this section, including any appeal of the matter,
309	309	the statutory probate court judge shall return the matter to the
310	310	county court for further proceedings not inconsistent with the
311	311	orders of the statutory probate court or court of appeals, as
312	312	applicable.
313	313	(f) A district court to which a contested matter is
314	314	transferred under this section has the jurisdiction and authority
315	315	granted to a statutory probate court by this code. On resolution of
316	316	a contested matter transferred to the district court under this
317	317	section, including any appeal of the matter, the district court
318	318	shall return the matter to the county court for further proceedings
319	319	not inconsistent with the orders of the district court or court of
320	320	appeals, as applicable.
321	321	(g) The county court shall continue to exercise
322	322	jurisdiction over the management of the estate, other than a
323	323	contested matter, until final disposition of the contested matter
324	324	is made in accordance with this section. After a contested matter
325	325	is transferred to a district court, any matter related to the
326	326	probate proceeding may be brought in the district court. The
327	327	district court in which a matter related to the probate proceeding
328	328	is filed may, on its own motion or on the motion of any party, find
329	329	that the matter is not a contested matter and transfer the matter to
330	330	the county court with jurisdiction of the management of the estate.
331	331	(h) If a contested matter in a probate proceeding is
332	332	transferred to a district court under this section, the district
333	333	court has jurisdiction of any contested matter in the proceeding
334	334	that is subsequently filed, and the county court shall transfer
335	335	those contested matters to the district court. If a statutory
336	336	probate court judge is assigned under this section to hear a
337	337	contested matter in a probate proceeding, the statutory probate
338	338	court judge shall be assigned to hear any contested matter in the
339	339	proceeding that is subsequently filed.
340	340	(i) The clerk of a district court to which a contested
341	341	matter in a probate proceeding is transferred under this section
342	342	may perform in relation to the contested matter any function a
343	343	county clerk may perform with respect to that type of matter.
344	344	Sec. 4E. JURISDICTION OF CONTESTED PROBATE PROCEEDING IN
345	345	COUNTY WITH NO STATUTORY PROBATE COURT. (a) In a county in which
346	346	there is no statutory probate court, but in which there is a county
347	347	court at law exercising original probate jurisdiction, when a
348	348	matter in a probate proceeding is contested, the judge of the county
349	349	court may, on the judge's own motion, or shall, on the motion of any
350	350	party to the proceeding, transfer the contested matter to the
351	351	county court at law. In addition, the judge of the county court, on
352	352	the judge's own motion or on the motion of a party to the
353	353	proceeding, may transfer the entire proceeding to the county court
354	354	at law.
355	355	(b) A county court at law to which a proceeding is
356	356	transferred under this section may hear the proceeding as if
357	357	originally filed in that court. If only a contested matter in the
358	358	proceeding is transferred, on the resolution of the matter, the
359	359	matter shall be returned to the county court for further
360	360	proceedings not inconsistent with the orders of the county court at
361	361	law.
362	362	Sec. 4F. EXCLUSIVE JURISDICTION OF PROBATE PROCEEDING IN
363	363	COUNTY WITH STATUTORY PROBATE COURT. (a) In a county in which
364	364	there is a statutory probate court, the statutory probate court has
365	365	exclusive jurisdiction of all probate proceedings, regardless of
366	366	whether contested or uncontested. A cause of action related to the
367	367	probate proceeding must be brought in a statutory probate court
368	368	unless the jurisdiction of the statutory probate court is
369	369	concurrent with the jurisdiction of a district court as provided by
370	370	Section 4H of this code or with the jurisdiction of any other court.
371	371	(b) This section shall be construed in conjunction and in
372	372	harmony with Section 145 of this code and all other sections of this
373	373	code relating to independent executors, but may not be construed to
374	374	expand the court's control over an independent executor.
375	375	Sec. 4G. JURISDICTION OF STATUTORY PROBATE COURT WITH
376	376	RESPECT TO TRUSTS AND POWERS OF ATTORNEY. In a county in which
377	377	there is a statutory probate court, the statutory probate court has
378	378	jurisdiction of:
379	379	(1) an action by or against a trustee;
380	380	(2) an action involving an inter vivos trust,
381	381	testamentary trust, or charitable trust;
382	382	(3) an action against an agent or former agent under a
383	383	power of attorney arising out of the agent's performance of the
384	384	duties of an agent; and
385	385	(4) an action to determine the validity of a power of
386	386	attorney or to determine an agent's rights, powers, or duties under
387	387	a power of attorney.
388	388	Sec. 4H. CONCURRENT JURISDICTION WITH DISTRICT COURT. A
389	389	statutory probate court has concurrent jurisdiction with the
390	390	district court in:
391	391	(1) a personal injury, survival, or wrongful death
392	392	action by or against a person in the person's capacity as a personal
393	393	representative;
394	394	(2) an action by or against a trustee;
395	395	(3) an action involving an inter vivos trust,
396	396	testamentary trust, or charitable trust;
397	397	(4) an action involving a personal representative of
398	398	an estate in which each other party aligned with the personal
399	399	representative is not an interested person in that estate;
400	400	(5) an action against an agent or former agent under a
401	401	power of attorney arising out of the agent's performance of the
402	402	duties of an agent; and
403	403	(6) an action to determine the validity of a power of
404	404	attorney or to determine an agent's rights, powers, or duties under
405	405	a power of attorney.
406	406	(c) Subsection (a), Section 5B, Texas Probate Code, is
407	407	amended to read as follows:
408	408	(a) A judge of a statutory probate court, on the motion of a
409	409	party to the action or on the motion of a person interested in an
410	410	estate, may transfer to the judge's [his] court from a district,
411	411	county, or statutory court a cause of action related to a probate
412	412	proceeding [appertaining to or incident to an estate] pending in
413	413	the statutory probate court or a cause of action in which a personal
414	414	representative of an estate pending in the statutory probate court
415	415	is a party and may consolidate the transferred cause of action with
416	416	the other proceedings in the statutory probate court relating to
417	417	that estate.
418	418	(d) Subsection (i), Section 25.0022, Government Code, is
419	419	amended to read as follows:
420	420	(i) A judge assigned under this section has the
421	421	jurisdiction, powers, and duties given by Sections 4A, 4C, 4F, 4G,
422	422	4H [5, 5A], 5B, 606, 607, and 608, Texas Probate Code, to statutory
423	423	probate court judges by general law.
424	424	(e) Subsection (c), Section 25.1132, Government Code, is
425	425	amended to read as follows:
426	426	(c) A county court at law in Hood County has concurrent
427	427	jurisdiction with the district court in:
428	428	(1) civil cases in which the matter in controversy
429	429	exceeds $500 but does not exceed $250,000, excluding interest;
430	430	(2) family law cases and related proceedings;
431	431	(3) contested probate matters under Section 4D(a)
432	432	[5(b)], Texas Probate Code; and
433	433	(4) contested guardianship matters under Section
434	434	606(b), Texas Probate Code.
435	435	(f) Subsection (b), Section 25.1863, Government Code, is
436	436	amended to read as follows:
437	437	(b) A county court at law has concurrent jurisdiction with
438	438	the district court over contested probate
439	439	matters. Notwithstanding the requirement in [Subsection (b),]
440	440	Section 4D(a) [5], Texas Probate Code, that the judge of the
441	441	constitutional county court transfer a contested probate
442	442	proceeding to the district court, the judge of the constitutional
443	443	county court shall transfer the proceeding under that section to
444	444	either a county court at law in Parker County or a district court in
445	445	Parker County. A county court at law has the jurisdiction, powers,
446	446	and duties that a district court has under [Subsection (b),]
447	447	Section 4D(a) [5], Texas Probate Code, for the transferred
448	448	proceeding, and the county clerk acts as clerk for the
449	449	proceeding. The contested proceeding may be transferred between a
450	450	county court at law in Parker County and a district court in Parker
451	451	County as provided by local rules of administration.
452	452	(g) Subsection (a), Section 123.005, Property Code, is
453	453	amended to read as follows:
454	454	(a) Venue in a proceeding brought by the attorney general
455	455	alleging breach of a fiduciary duty by a fiduciary or managerial
456	456	agent of a charitable trust shall be a court of competent
457	457	jurisdiction in Travis County or in the county where the defendant
458	458	resides or has its principal office. To the extent of a conflict
459	459	between this subsection and any provision of the Texas Probate Code
460	460	providing for venue of a proceeding brought with respect to a
461	461	charitable trust created by a will that has been admitted to
462	462	probate, this subsection controls.
463	463	(h) Sections 4, 5, and 5A, Texas Probate Code, are repealed.
464	464	(i) The changes in law made by this section apply only to an
465	465	action filed or a proceeding commenced on or after the effective
466	466	date of this Act. An action filed or proceeding commenced before
467	467	the effective date of this Act is governed by the law in effect on
468	468	the date the action was filed or the proceeding was commenced, and
469	469	the former law is continued in effect for that purpose.
470	470	SECTION 13. (a) Effective January 1, 2014, Subtitle A,
471	471	Title 2, Estates Code, as adopted by H.B. No. 2502, Acts of the 81st
472	472	Legislature, Regular Session, 2009, if that Act is enacted and
473	473	becomes law, is amended by adding Chapters 31 and 32 to read as
474	474	follows:
475	475	CHAPTER 31. GENERAL PROVISIONS
476	476	Sec. 31.001. SCOPE OF "PROBATE PROCEEDING" FOR PURPOSES OF
477	477	CODE. The term "probate proceeding," as used in this code,
478	478	includes:
479	479	(1) the probate of a will, with or without
480	480	administration of the estate;
481	481	(2) the issuance of letters testamentary and of
482	482	administration;
483	483	(3) an heirship determination or small estate
484	484	affidavit, community property administration, and homestead and
485	485	family allowances;
486	486	(4) an application, petition, motion, or action
487	487	regarding the probate of a will or an estate administration,
488	488	including a claim for money owed by the decedent;
489	489	(5) a claim arising from an estate administration and
490	490	any action brought on the claim;
491	491	(6) the settling of a personal representative's
492	492	account of an estate and any other matter related to the settlement,
493	493	partition, or distribution of an estate; and
494	494	(7) a will construction suit.
495	495	Sec. 31.002. MATTERS RELATED TO PROBATE PROCEEDING.
496	496	(a) For purposes of this code, in a county in which there is no
497	497	statutory probate court or county court at law exercising original
498	498	probate jurisdiction, a matter related to a probate proceeding
499	499	includes:
500	500	(1) an action against a personal representative or
501	501	former personal representative arising out of the representative's
502	502	performance of the duties of a personal representative;
503	503	(2) an action against a surety of a personal
504	504	representative or former personal representative;
505	505	(3) a claim brought by a personal representative on
506	506	behalf of an estate;
507	507	(4) an action brought against a personal
508	508	representative in the representative's capacity as personal
509	509	representative;
510	510	(5) an action for trial of title to real property that
511	511	is estate property, including the enforcement of a lien against the
512	512	property; and
513	513	(6) an action for trial of the right of property that
514	514	is estate property.
515	515	(b) For purposes of this code, in a county in which there is
516	516	no statutory probate court, but in which there is a county court at
517	517	law exercising original probate jurisdiction, a matter related to a
518	518	probate proceeding includes:
519	519	(1) all matters and actions described in Subsection
520	520	(a);
521	521	(2) the interpretation and administration of a
522	522	testamentary trust if the will creating the trust has been admitted
523	523	to probate in the court; and
524	524	(3) the interpretation and administration of an inter
525	525	vivos trust created by a decedent whose will has been admitted to
526	526	probate in the court.
527	527	(c) For purposes of this code, in a county in which there is
528	528	a statutory probate court, a matter related to a probate proceeding
529	529	includes:
530	530	(1) all matters and actions described in Subsections
531	531	(a) and (b); and
532	532	(2) any cause of action in which a personal
533	533	representative of an estate pending in the statutory probate court
534	534	is a party in the representative's capacity as personal
535	535	representative.
536	536	CHAPTER 32. JURISDICTION
537	537	Sec. 32.001. GENERAL PROBATE COURT JURISDICTION; APPEALS.
538	538	(a) All probate proceedings must be filed and heard in a court
539	539	exercising original probate jurisdiction. The court exercising
540	540	original probate jurisdiction also has jurisdiction of all matters
541	541	related to the probate proceeding as specified in Section 31.002
542	542	for that type of court.
543	543	(b) A probate court may exercise pendent and ancillary
544	544	jurisdiction as necessary to promote judicial efficiency and
545	545	economy.
546	546	(c) A final order issued by a probate court is appealable to
547	547	the court of appeals.
548	548	Sec. 32.002. ORIGINAL JURISDICTION FOR PROBATE
549	549	PROCEEDINGS. (a) In a county in which there is no statutory
550	550	probate court or county court at law exercising original probate
551	551	jurisdiction, the county court has original jurisdiction of probate
552	552	proceedings.
553	553	(b) In a county in which there is no statutory probate
554	554	court, but in which there is a county court at law exercising
555	555	original probate jurisdiction, the county court at law exercising
556	556	original probate jurisdiction and the county court have concurrent
557	557	original jurisdiction of probate proceedings, unless otherwise
558	558	provided by law. The judge of a county court may hear probate
559	559	proceedings while sitting for the judge of any other county court.
560	560	(c) In a county in which there is a statutory probate court,
561	561	the statutory probate court has original jurisdiction of probate
562	562	proceedings.
563	563	Sec. 32.003. JURISDICTION OF CONTESTED PROBATE PROCEEDING
564	564	IN COUNTY WITH NO STATUTORY PROBATE COURT OR STATUTORY COUNTY
565	565	COURT. (a) In a county in which there is no statutory probate
566	566	court or county court at law exercising original probate
567	567	jurisdiction, when a matter in a probate proceeding is contested,
568	568	the judge of the county court may, on the judge's own motion, or
569	569	shall, on the motion of any party to the proceeding, according to
570	570	the motion:
571	571	(1) request the assignment of a statutory probate
572	572	court judge to hear the contested matter, as provided by Section
573	573	25.0022, Government Code; or
574	574	(2) transfer the contested matter to the district
575	575	court, which may then hear the contested matter as if originally
576	576	filed in the district court.
577	577	(b) If a party to a probate proceeding files a motion for the
578	578	assignment of a statutory probate court judge to hear a contested
579	579	matter in the proceeding before the judge of the county court
580	580	transfers the contested matter to a district court under this
581	581	section, the county judge shall grant the motion for the assignment
582	582	of a statutory probate court judge and may not transfer the matter
583	583	to the district court unless the party withdraws the motion.
584	584	(c) A party to a probate proceeding may file a motion for the
585	585	assignment of a statutory probate court judge under this section
586	586	before a matter in the proceeding becomes contested, and the motion
587	587	is given effect as a motion for assignment of a statutory probate
588	588	court judge under Subsection (a) if the matter later becomes
589	589	contested.
590	590	(d) Notwithstanding any other law, a transfer of a contested
591	591	matter in a probate proceeding to a district court under any
592	592	authority other than the authority provided by this section:
593	593	(1) is disregarded for purposes of this section; and
594	594	(2) does not defeat the right of a party to the
595	595	proceeding to have the matter assigned to a statutory probate court
596	596	judge in accordance with this section.
597	597	(e) A statutory probate court judge assigned to a contested
598	598	matter under this section has the jurisdiction and authority
599	599	granted to a statutory probate court by this subtitle. On
600	600	resolution of a contested matter for which a statutory probate
601	601	court judge is assigned under this section, including any appeal of
602	602	the matter, the statutory probate court judge shall return the
603	603	matter to the county court for further proceedings not inconsistent
604	604	with the orders of the statutory probate court or court of appeals,
605	605	as applicable.
606	606	(f) A district court to which a contested matter is
607	607	transferred under this section has the jurisdiction and authority
608	608	granted to a statutory probate court by this subtitle. On
609	609	resolution of a contested matter transferred to the district court
610	610	under this section, including any appeal of the matter, the
611	611	district court shall return the matter to the county court for
612	612	further proceedings not inconsistent with the orders of the
613	613	district court or court of appeals, as applicable.
614	614	(g) The county court shall continue to exercise
615	615	jurisdiction over the management of the estate, other than a
616	616	contested matter, until final disposition of the contested matter
617	617	is made in accordance with this section. After a contested matter
618	618	is transferred to a district court, any matter related to the
619	619	probate proceeding may be brought in the district court. The
620	620	district court in which a matter related to the probate proceeding
621	621	is filed may, on its own motion or on the motion of any party, find
622	622	that the matter is not a contested matter and transfer the matter to
623	623	the county court with jurisdiction of the management of the estate.
624	624	(h) If a contested matter in a probate proceeding is
625	625	transferred to a district court under this section, the district
626	626	court has jurisdiction of any contested matter in the proceeding
627	627	that is subsequently filed, and the county court shall transfer
628	628	those contested matters to the district court. If a statutory
629	629	probate court judge is assigned under this section to hear a
630	630	contested matter in a probate proceeding, the statutory probate
631	631	court judge shall be assigned to hear any contested matter in the
632	632	proceeding that is subsequently filed.
633	633	(i) The clerk of a district court to which a contested
634	634	matter in a probate proceeding is transferred under this section
635	635	may perform in relation to the contested matter any function a
636	636	county clerk may perform with respect to that type of matter.
637	637	Sec. 32.004. JURISDICTION OF CONTESTED PROBATE PROCEEDING
638	638	IN COUNTY WITH NO STATUTORY PROBATE COURT. (a) In a county in
639	639	which there is no statutory probate court, but in which there is a
640	640	county court at law exercising original probate jurisdiction, when
641	641	a matter in a probate proceeding is contested, the judge of the
642	642	county court may, on the judge's own motion, or shall, on the motion
643	643	of any party to the proceeding, transfer the contested matter to the
644	644	county court at law. In addition, the judge of the county court, on
645	645	the judge's own motion or on the motion of a party to the
646	646	proceeding, may transfer the entire proceeding to the county court
647	647	at law.
648	648	(b) A county court at law to which a proceeding is
649	649	transferred under this section may hear the proceeding as if
650	650	originally filed in that court. If only a contested matter in the
651	651	proceeding is transferred, on the resolution of the matter, the
652	652	matter shall be returned to the county court for further
653	653	proceedings not inconsistent with the orders of the county court at
654	654	law.
655	655	Sec. 32.005. EXCLUSIVE JURISDICTION OF PROBATE PROCEEDING
656	656	IN COUNTY WITH STATUTORY PROBATE COURT. (a) In a county in which
657	657	there is a statutory probate court, the statutory probate court has
658	658	exclusive jurisdiction of all probate proceedings, regardless of
659	659	whether contested or uncontested. A cause of action related to the
660	660	probate proceeding must be brought in a statutory probate court
661	661	unless the jurisdiction of the statutory probate court is
662	662	concurrent with the jurisdiction of a district court as provided by
663	663	Section 32.007 or with the jurisdiction of any other court.
664	664	(b) This section shall be construed in conjunction and in
665	665	harmony with Section 145 and all other sections of this title
666	666	relating to independent executors, but may not be construed to
667	667	expand the court's control over an independent executor.
668	668	Sec. 32.006. JURISDICTION OF STATUTORY PROBATE COURT WITH
669	669	RESPECT TO TRUSTS AND POWERS OF ATTORNEY. In a county in which
670	670	there is a statutory probate court, the statutory probate court has
671	671	jurisdiction of:
672	672	(1) an action by or against a trustee;
673	673	(2) an action involving an inter vivos trust,
674	674	testamentary trust, or charitable trust;
675	675	(3) an action against an agent or former agent under a
676	676	power of attorney arising out of the agent's performance of the
677	677	duties of an agent; and
678	678	(4) an action to determine the validity of a power of
679	679	attorney or to determine an agent's rights, powers, or duties under
680	680	a power of attorney.
681	681	Sec. 32.007. CONCURRENT JURISDICTION WITH DISTRICT COURT.
682	682	A statutory probate court has concurrent jurisdiction with the
683	683	district court in:
684	684	(1) a personal injury, survival, or wrongful death
685	685	action by or against a person in the person's capacity as a personal
686	686	representative;
687	687	(2) an action by or against a trustee;
688	688	(3) an action involving an inter vivos trust,
689	689	testamentary trust, or charitable trust;
690	690	(4) an action involving a personal representative of
691	691	an estate in which each other party aligned with the personal
692	692	representative is not an interested person in that estate;
693	693	(5) an action against an agent or former agent under a
694	694	power of attorney arising out of the agent's performance of the
695	695	duties of an agent; and
696	696	(6) an action to determine the validity of a power of
697	697	attorney or to determine an agent's rights, powers, or duties under
698	698	a power of attorney.
699	699	(b) Sections 4A, 4B, 4C, 4D, 4E, 4F, 4G, and 4H, Texas
700	700	Probate Code, as added by Section 12 of this Act, are repealed.
701	701	(c) Except as otherwise provided by this subsection, this
702	702	section takes effect January 1, 2014. The changes in law made by
703	703	this section take effect only if H.B. No. 2502, Acts of the 81st
704	704	Legislature, Regular Session, 2009, is enacted and becomes law. If
705	705	that bill does not become law, this section has no effect.
706	706	SECTION 14. Except as otherwise provided by this Act, the
707	707	changes in law made by this Act apply only to an action filed on or
708	708	after the effective date of this Act. An action filed before the
709	709	effective date of this Act is governed by the law applicable to the
710	710	action immediately before the effective date of this Act, and the
711	711	former law is continued in effect for that purpose.
712	712	SECTION 15. Except as otherwise provided by this Act, this
713	713	Act takes effect September 1, 2009.
714	714	______________________________ ______________________________
715	715	President of the Senate Speaker of the House
716	716	I hereby certify that S.B. No. 408 passed the Senate on
717	717	April 2, 2009, by the following vote: Yeas 31, Nays 0;
718	718	May 28, 2009, Senate refused to concur in House amendments and
719	719	requested appointment of Conference Committee; May 29, 2009, House
720	720	granted request of the Senate; June 1, 2009, Senate adopted
721	721	Conference Committee Report by the following vote: Yeas 31,
722	722	Nays 0.
723	723	______________________________
724	724	Secretary of the Senate
725	725	I hereby certify that S.B. No. 408 passed the House, with
726	726	amendments, on May 20, 2009, by the following vote: Yeas 139,
727	727	Nays 0, one present not voting; May 29, 2009, House granted request
728	728	of the Senate for appointment of Conference Committee;
729	729	May 31, 2009, House adopted Conference Committee Report by the
730	730	following vote: Yeas 146, Nays 0, two present not voting.
731	731	______________________________
732	732	Chief Clerk of the House
733	733	Approved:
734	734	______________________________
735	735	Date
736	736	______________________________
737	737	Governor