S.B. No. 408
AN ACT
relating to jurisdiction, venue, and appeals in certain matters,
including the jurisdiction of and appeals from certain courts and
administrative decisions and the appointment of counsel in certain
appeals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.012, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 51.012. APPEAL OR WRIT OF ERROR TO COURT OF APPEALS.
In a civil case in which the judgment or amount in controversy
exceeds $250 [$100], exclusive of interest and costs, a person may
take an appeal or writ of error to the court of appeals from a final
judgment of the district or county court.
SECTION 2. (a) Section 82.003, Civil Practice and Remedies
Code, is amended by adding Subsection (c) to read as follows:
(c) If after service on a nonresident manufacturer through
the secretary of state in the manner prescribed by Subchapter C,
Chapter 17, the manufacturer fails to answer or otherwise make an
appearance in the time required by law, it is conclusively presumed
for the purposes of Subsection (a)(7)(B) that the manufacturer is
not subject to the jurisdiction of the court unless the seller is
able to secure personal jurisdiction over the manufacturer in the
action.
(b) The change in law made by this section applies to an
action filed on or after the effective date of this Act or pending
on the effective date of this Act.
SECTION 3. Subsection (a), Section 22.220, Government Code,
is amended to read as follows:
(a) Each court of appeals has appellate jurisdiction of all
civil cases within its district of which the district courts or
county courts have jurisdiction when the amount in controversy or
the judgment rendered exceeds $250 [$100], exclusive of interest
and costs.
SECTION 4. Subchapter A, Chapter 25, Government Code, is
amended by adding Section 25.0020 to read as follows:
Sec. 25.0020. APPOINTMENT OF COUNSEL IN CERTAIN APPEALS.
(a) On a written application of any party to an eviction suit, the
county court or county court at law in which an appeal of the suit is
filed may appoint any qualified attorney who is willing to provide
pro bono services in the matter or counsel from a list provided by a
pro bono legal services program of counsel willing to be appointed
to handle appeals under this section to attend to the cause of a
party who:
(1) was in possession of the residence at the time the
eviction suit was filed in the justice court; and
(2) has perfected the appeal on a pauper's affidavit
approved in accordance with Rule 749a, Texas Rules of Civil
Procedure.
(b) The appointed counsel shall represent the individual in
the proceedings of the suit in the county court or county court at
law. At the conclusion of those proceedings, the appointment
terminates.
(c) The court may terminate representation appointed under
this section for cause.
(d) Appointed counsel may not receive attorney's fees
unless the recovery of attorney's fees is provided for by contract,
statute, common law, court rules, or other regulations. The county
is not responsible for payment of attorney's fees to appointed
counsel.
(e) The court shall provide for a method of service of
written notice on the parties to an eviction suit of the right to
request an appointment of counsel on perfection of appeal on
approval of a pauper's affidavit.
SECTION 5. Subchapter A, Chapter 26, Government Code, is
amended by adding Section 26.010 to read as follows:
Sec. 26.010. APPOINTMENT OF COUNSEL IN CERTAIN APPEALS.
(a) On a written application of any party to an eviction suit, the
county court or county court at law in which an appeal of the suit is
filed may appoint any qualified attorney who is willing to provide
pro bono services in the matter or counsel from a list provided by a
pro bono legal services program of counsel willing to be appointed
to handle appeals under this section to attend to the cause of a
party who:
(1) was in possession of the residence at the time the
eviction suit was filed in the justice court; and
(2) has perfected the appeal on a pauper's affidavit
approved in accordance with Rule 749a, Texas Rules of Civil
Procedure.
(b) The appointed counsel shall represent the individual in
the proceedings of the suit in the county court or county court at
law. At the conclusion of those proceedings, the appointment
terminates.
(c) The court may terminate representation appointed under
this section for cause.
(d) Appointed counsel may not receive attorney's fees
unless the recovery of attorney's fees is provided for by contract,
statute, common law, court rules, or other regulations. The county
is not responsible for payment of attorney's fees to appointed
counsel.
(e) The court shall provide for a method of service of
written notice on the parties to an eviction suit of the right to
request an appointment of counsel on perfection of appeal on
approval of a pauper's affidavit.
SECTION 6. Subsection (c), Section 26.042, Government Code,
is amended to read as follows:
(c) If under Subchapter E a county court has original
concurrent jurisdiction with the justice courts in all civil
matters in which the justice courts have jurisdiction, an appeal or
writ of error may not be taken to the court of appeals from a final
judgment of the county court in a civil case in which:
(1) the county court has appellate or original
concurrent jurisdiction with the justice courts; and
(2) the judgment or amount in controversy does not
exceed $250 [$100], exclusive of interest and costs.
SECTION 7. Subsection (b), Section 28.052, Government Code,
is amended to read as follows:
(b) Except to the extent of any conflict with this
subchapter, appeal [Appeal] is in the manner provided by law for
appeals [appeal] from justice courts [court to county court].
SECTION 8. The heading to Section 28.053, Government Code,
is amended to read as follows:
Sec. 28.053. DE NOVO TRIAL [HEARING] ON APPEAL.
SECTION 9. Subsections (b) and (d), Section 28.053,
Government Code, are amended to read as follows:
(b) Trial on appeal to the county court or county court at
law is de novo. No further pleadings are required [and the
procedure is the same as in small claims court].
(d) A person may appeal the final judgment [Judgment] of the
county court or county court at law on the appeal to the court of
appeals [is final].
SECTION 10. (a) Subsections (a) and (e), Section 531.019,
Government Code, as added by Chapter 1161 (H.B. 75), Acts of the
80th Legislature, Regular Session, 2007, are amended to read as
follows:
(a) In this section, "public assistance benefits" means
benefits provided under a public assistance program under Chapter
31, 32, or 33, Human Resources Code.
(e) For purposes of Section 2001.171, an applicant for or
recipient of public assistance benefits has exhausted all available
administrative remedies and a decision, including a decision under
Section 31.034 or 32.035, Human Resources Code, is final and
appealable on the date that, after a hearing:
(1) the hearing officer for the commission or a health
and human services agency reaches a final decision related to the
benefits; and
(2) the appropriate attorney completes an
administrative review of the decision and notifies the applicant or
recipient in writing of the results of that review.
(b) The changes in law made by this section apply only to an
appeal of a final decision by the Health and Human Services
Commission related to financial assistance benefits under Chapter
31, Human Resources Code, that is rendered on or after the effective
date of this Act. A final decision rendered by the commission
before the effective date of this Act is governed by the law in
effect on the date the decision was rendered, and the former law is
continued in effect for that purpose.
SECTION 11. (a) Subsection (a), Section 821.025, Health
and Safety Code, is amended to read as follows:
(a) An owner divested of ownership of an animal under
Section 821.023 [ordered sold at public auction as provided in this
subchapter] may appeal the order to a county court or county court
at law in the county in which the justice or municipal court is
located. As a condition of perfecting an appeal, not later than the
10th calendar day after the date the order is issued, the owner must
file a notice of appeal and an appeal bond in an amount determined
by the [justice or municipal] court from which the appeal is taken
to be adequate to cover the estimated expenses incurred in housing
and caring for the impounded animal during the appeal process. Not
later than the fifth calendar day after the date the notice of
appeal and appeal bond is filed, the court from which the appeal is
taken shall deliver a copy of the court's transcript to the county
court or county court at law to which the appeal is made. Not later
than the 10th calendar day after the date the county court or county
court at law, as appropriate, receives the transcript, the court
shall dispose of the appeal. The decision of the county court or
county court at law under this section is final and may not be
further appealed. [An owner may not appeal an order:
[(1) to give the animal to a nonprofit animal shelter,
pound, or society for the protection of animals; or
[(2) to humanely destroy the animal.]
(b) Subsection (a), Section 821.025, Health and Safety
Code, as amended by this section, applies only to an appeal of a
court order issued on or after the effective date of this Act. An
appeal of a court order issued before the effective date of this Act
is covered by the law in effect when the appeal was issued, and the
former law is continued in effect for that purpose.
SECTION 12. (a) Subsection (bb), Section 3, Texas Probate
Code, is amended to read as follows:
(bb) "Probate proceeding" is synonymous with the terms
"Probate matter," ["Probate proceedings,"] "Proceeding in
probate," and "Proceedings for probate." The term means a matter or
proceeding related to the estate of a decedent [are synonymous] and
includes:
(1) the probate of a will, with or without
administration of the estate;
(2) the issuance of letters testamentary and of
administration;
(3) an heirship determination or small estate
affidavit, community property administration, and homestead and
family allowances;
(4) an application, petition, motion, or action
regarding the probate of a will or an estate administration,
including a claim for money owed by the decedent;
(5) a claim arising from an estate administration
and any action brought on the claim;
(6) the settling of a personal representative's
account of an estate and any other matter related to the settlement,
partition, or distribution of an estate; and
(7) a will construction suit [include a matter or
proceeding relating to the estate of a decedent].
(b) Chapter I, Texas Probate Code, is amended by adding
Sections 4A, 4B, 4C, 4D, 4E, 4F, 4G, and 4H to read as follows:
Sec. 4A. GENERAL PROBATE COURT JURISDICTION; APPEALS.
(a) All probate proceedings must be filed and heard in a court
exercising original probate jurisdiction. The court exercising
original probate jurisdiction also has jurisdiction of all matters
related to the probate proceeding as specified in Section 4B of this
code for that type of court.
(b) A probate court may exercise pendent and ancillary
jurisdiction as necessary to promote judicial efficiency and
economy.
(c) A final order issued by a probate court is appealable to
the court of appeals.
Sec. 4B. MATTERS RELATED TO PROBATE PROCEEDING. (a) For
purposes of this code, in a county in which there is no statutory
probate court or county court at law exercising original probate
jurisdiction, a matter related to a probate proceeding includes:
(1) an action against a personal representative or
former personal representative arising out of the representative's
performance of the duties of a personal representative;
(2) an action against a surety of a personal
representative or former personal representative;
(3) a claim brought by a personal representative on
behalf of an estate;
(4) an action brought against a personal
representative in the representative's capacity as personal
representative;
(5) an action for trial of title to real property that
is estate property, including the enforcement of a lien against the
property; and
(6) an action for trial of the right of property that
is estate property.
(b) For purposes of this code, in a county in which there is
no statutory probate court, but in which there is a county court at
law exercising original probate jurisdiction, a matter related to a
probate proceeding includes:
(1) all matters and actions described in Subsection
(a) of this section;
(2) the interpretation and administration of a
testamentary trust if the will creating the trust has been admitted
to probate in the court; and
(3) the interpretation and administration of an inter
vivos trust created by a decedent whose will has been admitted to
probate in the court.
(c) For purposes of this code, in a county in which there is
a statutory probate court, a matter related to a probate proceeding
includes:
(1) all matters and actions described in Subsections
(a) and (b) of this section; and
(2) any cause of action in which a personal
representative of an estate pending in the statutory probate court
is a party in the representative's capacity as personal
representative.
Sec. 4C. ORIGINAL JURISDICTION FOR PROBATE PROCEEDINGS.
(a) In a county in which there is no statutory probate court or
county court at law exercising original probate jurisdiction, the
county court has original jurisdiction of probate proceedings.
(b) In a county in which there is no statutory probate
court, but in which there is a county court at law exercising
original probate jurisdiction, the county court at law exercising
original probate jurisdiction and the county court have concurrent
original jurisdiction of probate proceedings, unless otherwise
provided by law. The judge of a county court may hear probate
proceedings while sitting for the judge of any other county court.
(c) In a county in which there is a statutory probate court,
the statutory probate court has original jurisdiction of probate
proceedings.
Sec. 4D. JURISDICTION OF CONTESTED PROBATE PROCEEDING IN
COUNTY WITH NO STATUTORY PROBATE COURT OR STATUTORY COUNTY COURT.
(a) In a county in which there is no statutory probate court or
county court at law exercising original probate jurisdiction, when
a matter in a probate proceeding is contested, the judge of the
county court may, on the judge's own motion, or shall, on the motion
of any party to the proceeding, according to the motion:
(1) request the assignment of a statutory probate
court judge to hear the contested matter, as provided by Section
25.0022, Government Code; or
(2) transfer the contested matter to the district
court, which may then hear the contested matter as if originally
filed in the district court.
(b) If a party to a probate proceeding files a motion for the
assignment of a statutory probate court judge to hear a contested
matter in the proceeding before the judge of the county court
transfers the contested matter to a district court under this
section, the county judge shall grant the motion for the assignment
of a statutory probate court judge and may not transfer the matter
to the district court unless the party withdraws the motion.
(c) A party to a probate proceeding may file a motion for the
assignment of a statutory probate court judge under this section
before a matter in the proceeding becomes contested, and the motion
is given effect as a motion for assignment of a statutory probate
court judge under Subsection (a) of this section if the matter later
becomes contested.
(d) Notwithstanding any other law, a transfer of a contested
matter in a probate proceeding to a district court under any
authority other than the authority provided by this section:
(1) is disregarded for purposes of this section; and
(2) does not defeat the right of a party to the
proceeding to have the matter assigned to a statutory probate court
judge in accordance with this section.
(e) A statutory probate court judge assigned to a contested
matter under this section has the jurisdiction and authority
granted to a statutory probate court by this code. On resolution of
a contested matter for which a statutory probate court judge is
assigned under this section, including any appeal of the matter,
the statutory probate court judge shall return the matter to the
county court for further proceedings not inconsistent with the
orders of the statutory probate court or court of appeals, as
applicable.
(f) A district court to which a contested matter is
transferred under this section has the jurisdiction and authority
granted to a statutory probate court by this code. On resolution of
a contested matter transferred to the district court under this
section, including any appeal of the matter, the district court
shall return the matter to the county court for further proceedings
not inconsistent with the orders of the district court or court of
appeals, as applicable.
(g) The county court shall continue to exercise
jurisdiction over the management of the estate, other than a
contested matter, until final disposition of the contested matter
is made in accordance with this section. After a contested matter
is transferred to a district court, any matter related to the
probate proceeding may be brought in the district court. The
district court in which a matter related to the probate proceeding
is filed may, on its own motion or on the motion of any party, find
that the matter is not a contested matter and transfer the matter to
the county court with jurisdiction of the management of the estate.
(h) If a contested matter in a probate proceeding is
transferred to a district court under this section, the district
court has jurisdiction of any contested matter in the proceeding
that is subsequently filed, and the county court shall transfer
those contested matters to the district court. If a statutory
probate court judge is assigned under this section to hear a
contested matter in a probate proceeding, the statutory probate
court judge shall be assigned to hear any contested matter in the
proceeding that is subsequently filed.
(i) The clerk of a district court to which a contested
matter in a probate proceeding is transferred under this section
may perform in relation to the contested matter any function a
county clerk may perform with respect to that type of matter.
Sec. 4E. JURISDICTION OF CONTESTED PROBATE PROCEEDING IN
COUNTY WITH NO STATUTORY PROBATE COURT. (a) In a county in which
there is no statutory probate court, but in which there is a county
court at law exercising original probate jurisdiction, when a
matter in a probate proceeding is contested, the judge of the county
court may, on the judge's own motion, or shall, on the motion of any
party to the proceeding, transfer the contested matter to the
county court at law. In addition, the judge of the county court, on
the judge's own motion or on the motion of a party to the
proceeding, may transfer the entire proceeding to the county court
at law.
(b) A county court at law to which a proceeding is
transferred under this section may hear the proceeding as if
originally filed in that court. If only a contested matter in the
proceeding is transferred, on the resolution of the matter, the
matter shall be returned to the county court for further
proceedings not inconsistent with the orders of the county court at
law.
Sec. 4F. EXCLUSIVE JURISDICTION OF PROBATE PROCEEDING IN
COUNTY WITH STATUTORY PROBATE COURT. (a) In a county in which
there is a statutory probate court, the statutory probate court has
exclusive jurisdiction of all probate proceedings, regardless of
whether contested or uncontested. A cause of action related to the
probate proceeding must be brought in a statutory probate court
unless the jurisdiction of the statutory probate court is
concurrent with the jurisdiction of a district court as provided by
Section 4H of this code or with the jurisdiction of any other court.
(b) This section shall be construed in conjunction and in
harmony with Section 145 of this code and all other sections of this
code relating to independent executors, but may not be construed to
expand the court's control over an independent executor.
Sec. 4G. JURISDICTION OF STATUTORY PROBATE COURT WITH
RESPECT TO TRUSTS AND POWERS OF ATTORNEY. In a county in which
there is a statutory probate court, the statutory probate court has
jurisdiction of:
(1) an action by or against a trustee;
(2) an action involving an inter vivos trust,
testamentary trust, or charitable trust;
(3) an action against an agent or former agent under a
power of attorney arising out of the agent's performance of the
duties of an agent; and
(4) an action to determine the validity of a power of
attorney or to determine an agent's rights, powers, or duties under
a power of attorney.
Sec. 4H. CONCURRENT JURISDICTION WITH DISTRICT COURT. A
statutory probate court has concurrent jurisdiction with the
district court in:
(1) a personal injury, survival, or wrongful death
action by or against a person in the person's capacity as a personal
representative;
(2) an action by or against a trustee;
(3) an action involving an inter vivos trust,
testamentary trust, or charitable trust;
(4) an action involving a personal representative of
an estate in which each other party aligned with the personal
representative is not an interested person in that estate;
(5) an action against an agent or former agent under a
power of attorney arising out of the agent's performance of the
duties of an agent; and
(6) an action to determine the validity of a power of
attorney or to determine an agent's rights, powers, or duties under
a power of attorney.
(c) Subsection (a), Section 5B, 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 the judge's [his] court from a district,
county, or statutory court a cause of action related to a probate
proceeding [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.
(d) Subsection (i), Section 25.0022, Government Code, is
amended to read as follows:
(i) A judge assigned under this section has the
jurisdiction, powers, and duties given by Sections 4A, 4C, 4F, 4G,
4H [5, 5A], 5B, 606, 607, and 608, Texas Probate Code, to statutory
probate court judges by general law.
(e) Subsection (c), Section 25.1132, Government Code, is
amended to read as follows:
(c) A county court at law in Hood County has concurrent
jurisdiction with the district court in:
(1) civil cases in which the matter in controversy
exceeds $500 but does not exceed $250,000, excluding interest;
(2) family law cases and related proceedings;
(3) contested probate matters under Section 4D(a)
[5(b)], Texas Probate Code; and
(4) contested guardianship matters under Section
606(b), Texas Probate Code.
(f) Subsection (b), Section 25.1863, Government Code, is
amended to read as follows:
(b) A county court at law has concurrent jurisdiction with
the district court over contested probate
matters. Notwithstanding the requirement in [Subsection (b),]
Section 4D(a) [5], Texas Probate Code, that the judge of the
constitutional county court transfer a contested probate
proceeding to the district court, the judge of the constitutional
county court shall transfer the proceeding under that section to
either a county court at law in Parker County or a district court in
Parker County. A county court at law has the jurisdiction, powers,
and duties that a district court has under [Subsection (b),]
Section 4D(a) [5], Texas Probate Code, for the transferred
proceeding, and the county clerk acts as clerk for the
proceeding. The contested proceeding may be transferred between a
county court at law in Parker County and a district court in Parker
County as provided by local rules of administration.
(g) Subsection (a), Section 123.005, Property Code, is
amended to read as follows:
(a) Venue in a proceeding brought by the attorney general
alleging breach of a fiduciary duty by a fiduciary or managerial
agent of a charitable trust shall be a court of competent
jurisdiction in Travis County or in the county where the defendant
resides or has its principal office. To the extent of a conflict
between this subsection and any provision of the Texas Probate Code
providing for venue of a proceeding brought with respect to a
charitable trust created by a will that has been admitted to
probate, this subsection controls.
(h) Sections 4, 5, and 5A, Texas Probate Code, are repealed.
(i) The changes in law made by this section apply only to an
action filed or a proceeding commenced on or after the effective
date of this Act. An action filed or proceeding commenced before
the effective date of this Act is governed by the law in effect on
the date the action was filed or the proceeding was commenced, and
the former law is continued in effect for that purpose.
SECTION 13. (a) Effective January 1, 2014, Subtitle A,
Title 2, Estates Code, as adopted by H.B. No. 2502, Acts of the 81st
Legislature, Regular Session, 2009, if that Act is enacted and
becomes law, is amended by adding Chapters 31 and 32 to read as
follows:
CHAPTER 31. GENERAL PROVISIONS
Sec. 31.001. SCOPE OF "PROBATE PROCEEDING" FOR PURPOSES OF
CODE. The term "probate proceeding," as used in this code,
includes:
(1) the probate of a will, with or without
administration of the estate;
(2) the issuance of letters testamentary and of
administration;
(3) an heirship determination or small estate
affidavit, community property administration, and homestead and
family allowances;
(4) an application, petition, motion, or action
regarding the probate of a will or an estate administration,
including a claim for money owed by the decedent;
(5) a claim arising from an estate administration and
any action brought on the claim;
(6) the settling of a personal representative's
account of an estate and any other matter related to the settlement,
partition, or distribution of an estate; and
(7) a will construction suit.
Sec. 31.002. MATTERS RELATED TO PROBATE PROCEEDING.
(a) For purposes of this code, in a county in which there is no
statutory probate court or county court at law exercising original
probate jurisdiction, a matter related to a probate proceeding
includes:
(1) an action against a personal representative or
former personal representative arising out of the representative's
performance of the duties of a personal representative;
(2) an action against a surety of a personal
representative or former personal representative;
(3) a claim brought by a personal representative on
behalf of an estate;
(4) an action brought against a personal
representative in the representative's capacity as personal
representative;
(5) an action for trial of title to real property that
is estate property, including the enforcement of a lien against the
property; and
(6) an action for trial of the right of property that
is estate property.
(b) For purposes of this code, in a county in which there is
no statutory probate court, but in which there is a county court at
law exercising original probate jurisdiction, a matter related to a
probate proceeding includes:
(1) all matters and actions described in Subsection
(a);
(2) the interpretation and administration of a
testamentary trust if the will creating the trust has been admitted
to probate in the court; and
(3) the interpretation and administration of an inter
vivos trust created by a decedent whose will has been admitted to
probate in the court.
(c) For purposes of this code, in a county in which there is
a statutory probate court, a matter related to a probate proceeding
includes:
(1) all matters and actions described in Subsections
(a) and (b); and
(2) any cause of action in which a personal
representative of an estate pending in the statutory probate court
is a party in the representative's capacity as personal
representative.
CHAPTER 32. JURISDICTION
Sec. 32.001. GENERAL PROBATE COURT JURISDICTION; APPEALS.
(a) All probate proceedings must be filed and heard in a court
exercising original probate jurisdiction. The court exercising
original probate jurisdiction also has jurisdiction of all matters
related to the probate proceeding as specified in Section 31.002
for that type of court.
(b) A probate court may exercise pendent and ancillary
jurisdiction as necessary to promote judicial efficiency and
economy.
(c) A final order issued by a probate court is appealable to
the court of appeals.
Sec. 32.002. ORIGINAL JURISDICTION FOR PROBATE
PROCEEDINGS. (a) In a county in which there is no statutory
probate court or county court at law exercising original probate
jurisdiction, the county court has original jurisdiction of probate
proceedings.
(b) In a county in which there is no statutory probate
court, but in which there is a county court at law exercising
original probate jurisdiction, the county court at law exercising
original probate jurisdiction and the county court have concurrent
original jurisdiction of probate proceedings, unless otherwise
provided by law. The judge of a county court may hear probate
proceedings while sitting for the judge of any other county court.
(c) In a county in which there is a statutory probate court,
the statutory probate court has original jurisdiction of probate
proceedings.
Sec. 32.003. JURISDICTION OF CONTESTED PROBATE PROCEEDING
IN COUNTY WITH NO STATUTORY PROBATE COURT OR STATUTORY COUNTY
COURT. (a) In a county in which there is no statutory probate
court or county court at law exercising original probate
jurisdiction, when a matter in a probate proceeding is contested,
the judge of the county court may, on the judge's own motion, or
shall, on the motion of any party to the proceeding, according to
the motion:
(1) request the assignment of a statutory probate
court judge to hear the contested matter, as provided by Section
25.0022, Government Code; or
(2) transfer the contested matter to the district
court, which may then hear the contested matter as if originally
filed in the district court.
(b) If a party to a probate proceeding files a motion for the
assignment of a statutory probate court judge to hear a contested
matter in the proceeding before the judge of the county court
transfers the contested matter to a district court under this
section, the county judge shall grant the motion for the assignment
of a statutory probate court judge and may not transfer the matter
to the district court unless the party withdraws the motion.
(c) A party to a probate proceeding may file a motion for the
assignment of a statutory probate court judge under this section
before a matter in the proceeding becomes contested, and the motion
is given effect as a motion for assignment of a statutory probate
court judge under Subsection (a) if the matter later becomes
contested.
(d) Notwithstanding any other law, a transfer of a contested
matter in a probate proceeding to a district court under any
authority other than the authority provided by this section:
(1) is disregarded for purposes of this section; and
(2) does not defeat the right of a party to the
proceeding to have the matter assigned to a statutory probate court
judge in accordance with this section.
(e) A statutory probate court judge assigned to a contested
matter under this section has the jurisdiction and authority
granted to a statutory probate court by this subtitle. On
resolution of a contested matter for which a statutory probate
court judge is assigned under this section, including any appeal of
the matter, the statutory probate court judge shall return the
matter to the county court for further proceedings not inconsistent
with the orders of the statutory probate court or court of appeals,
as applicable.
(f) A district court to which a contested matter is
transferred under this section has the jurisdiction and authority
granted to a statutory probate court by this subtitle. On
resolution of a contested matter transferred to the district court
under this section, including any appeal of the matter, the
district court shall return the matter to the county court for
further proceedings not inconsistent with the orders of the
district court or court of appeals, as applicable.
(g) The county court shall continue to exercise
jurisdiction over the management of the estate, other than a
contested matter, until final disposition of the contested matter
is made in accordance with this section. After a contested matter
is transferred to a district court, any matter related to the
probate proceeding may be brought in the district court. The
district court in which a matter related to the probate proceeding
is filed may, on its own motion or on the motion of any party, find
that the matter is not a contested matter and transfer the matter to
the county court with jurisdiction of the management of the estate.
(h) If a contested matter in a probate proceeding is
transferred to a district court under this section, the district
court has jurisdiction of any contested matter in the proceeding
that is subsequently filed, and the county court shall transfer
those contested matters to the district court. If a statutory
probate court judge is assigned under this section to hear a
contested matter in a probate proceeding, the statutory probate
court judge shall be assigned to hear any contested matter in the
proceeding that is subsequently filed.
(i) The clerk of a district court to which a contested
matter in a probate proceeding is transferred under this section
may perform in relation to the contested matter any function a
county clerk may perform with respect to that type of matter.
Sec. 32.004. JURISDICTION OF CONTESTED PROBATE PROCEEDING
IN COUNTY WITH NO STATUTORY PROBATE COURT. (a) In a county in
which there is no statutory probate court, but in which there is a
county court at law exercising original probate jurisdiction, when
a matter in a probate proceeding is contested, the judge of the
county court may, on the judge's own motion, or shall, on the motion
of any party to the proceeding, transfer the contested matter to the
county court at law. In addition, the judge of the county court, on
the judge's own motion or on the motion of a party to the
proceeding, may transfer the entire proceeding to the county court
at law.
(b) A county court at law to which a proceeding is
transferred under this section may hear the proceeding as if
originally filed in that court. If only a contested matter in the
proceeding is transferred, on the resolution of the matter, the
matter shall be returned to the county court for further
proceedings not inconsistent with the orders of the county court at
law.
Sec. 32.005. EXCLUSIVE JURISDICTION OF PROBATE PROCEEDING
IN COUNTY WITH STATUTORY PROBATE COURT. (a) In a county in which
there is a statutory probate court, the statutory probate court has
exclusive jurisdiction of all probate proceedings, regardless of
whether contested or uncontested. A cause of action related to the
probate proceeding must be brought in a statutory probate court
unless the jurisdiction of the statutory probate court is
concurrent with the jurisdiction of a district court as provided by
Section 32.007 or with the jurisdiction of any other court.
(b) This section shall be construed in conjunction and in
harmony with Section 145 and all other sections of this title
relating to independent executors, but may not be construed to
expand the court's control over an independent executor.
Sec. 32.006. JURISDICTION OF STATUTORY PROBATE COURT WITH
RESPECT TO TRUSTS AND POWERS OF ATTORNEY. In a county in which
there is a statutory probate court, the statutory probate court has
jurisdiction of:
(1) an action by or against a trustee;
(2) an action involving an inter vivos trust,
testamentary trust, or charitable trust;
(3) an action against an agent or former agent under a
power of attorney arising out of the agent's performance of the
duties of an agent; and
(4) an action to determine the validity of a power of
attorney or to determine an agent's rights, powers, or duties under
a power of attorney.
Sec. 32.007. CONCURRENT JURISDICTION WITH DISTRICT COURT.
A statutory probate court has concurrent jurisdiction with the
district court in:
(1) a personal injury, survival, or wrongful death
action by or against a person in the person's capacity as a personal
representative;
(2) an action by or against a trustee;
(3) an action involving an inter vivos trust,
testamentary trust, or charitable trust;
(4) an action involving a personal representative of
an estate in which each other party aligned with the personal
representative is not an interested person in that estate;
(5) an action against an agent or former agent under a
power of attorney arising out of the agent's performance of the
duties of an agent; and
(6) an action to determine the validity of a power of
attorney or to determine an agent's rights, powers, or duties under
a power of attorney.
(b) Sections 4A, 4B, 4C, 4D, 4E, 4F, 4G, and 4H, Texas
Probate Code, as added by Section 12 of this Act, are repealed.
(c) Except as otherwise provided by this subsection, this
section takes effect January 1, 2014. The changes in law made by
this section take effect only if H.B. No. 2502, Acts of the 81st
Legislature, Regular Session, 2009, is enacted and becomes law. If
that bill does not become law, this section has no effect.
SECTION 14. Except as otherwise provided by this Act, the
changes in law made by this Act apply only to an action filed on or
after the effective date of this Act. An action filed 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 the
former law is continued in effect for that purpose.
SECTION 15. Except as otherwise provided by this Act, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 408 passed the Senate on
April 2, 2009, by the following vote: Yeas 31, Nays 0;
May 28, 2009, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 29, 2009, House
granted request of the Senate; June 1, 2009, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 408 passed the House, with
amendments, on May 20, 2009, by the following vote: Yeas 139,
Nays 0, one present not voting; May 29, 2009, House granted request
of the Senate for appointment of Conference Committee;
May 31, 2009, House adopted Conference Committee Report by the
following vote: Yeas 146, Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor