Texas 2009 - 81st Regular

Texas Senate Bill SR1089 Compare Versions

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1	1	81R38713 KFF-D
2	2	By: Carona S.R. No. 1089
3	3
4	4
5	5	R E S O L U T I O N
6	6	BE IT RESOLVED by the Senate of the State of Texas, 81st
7	7	Legislature, Regular Session, 2009, That Senate Rule 12.03 be
8	8	suspended in part as provided by Senate Rule 12.08 to enable the
9	9	conference committee appointed to resolve the differences on Senate
10	10	Bill 408 (jurisdiction, venue, and appeals in certain matters,
11	11	including the jurisdiction of and appeals from certain courts and
12	12	administrative decisions and the appointment of counsel in certain
13	13	appeals) to consider and take action on the following matters:
14	14	(1) Senate Rule 12.03(4) is suspended to permit the
15	15	committee to add text not included in either the house or senate
16	16	version of the bill by adding the following SECTIONS to the bill:
17	17	SECTION 12. (a) Section 3(bb), Texas Probate Code, is
18	18	amended to read as follows:
19	19	(bb) "Probate proceeding" is synonymous with the terms
20	20	"Probate matter," ["Probate proceedings,"] "Proceeding in
21	21	probate," and "Proceedings for probate." The term means a matter or
22	22	proceeding related to the estate of a decedent [are synonymous] and
23	23	includes:
24	24	(1) the probate of a will, with or without
25	25	administration of the estate;
26	26	(2) the issuance of letters testamentary and of
27	27	administration;
28	28	(3) an heirship determination or small estate
29	29	affidavit, community property administration, and homestead and
30	30	family allowances;
31	31	(4) an application, petition, motion, or action
32	32	regarding the probate of a will or an estate administration,
33	33	including a claim for money owed by the decedent;
34	34	(5) a claim arising from an estate administration
35	35	and any action brought on the claim;
36	36	(6) the settling of a personal representative's
37	37	account of an estate and any other matter related to the settlement,
38	38	partition, or distribution of an estate; and
39	39	(7) a will construction suit [include a matter or
40	40	proceeding relating to the estate of a decedent].
41	41	(b) Chapter I, Texas Probate Code, is amended by adding
42	42	Sections 4A, 4B, 4C, 4D, 4E, 4F, 4G, and 4H to read as follows:
43	43	Sec. 4A. GENERAL PROBATE COURT JURISDICTION; APPEALS. (a)
44	44	All probate proceedings must be filed and heard in a court
45	45	exercising original probate jurisdiction. The court exercising
46	46	original probate jurisdiction also has jurisdiction of all matters
47	47	related to the probate proceeding as specified in Section 4B of this
48	48	code for that type of court.
49	49	(b) A probate court may exercise pendent and ancillary
50	50	jurisdiction as necessary to promote judicial efficiency and
51	51	economy.
52	52	(c) A final order issued by a probate court is appealable to
53	53	the court of appeals.
54	54	Sec. 4B. MATTERS RELATED TO PROBATE PROCEEDING. (a) For
55	55	purposes of this code, in a county in which there is no statutory
56	56	probate court or county court at law exercising original probate
57	57	jurisdiction, a matter related to a probate proceeding includes:
58	58	(1) an action against a personal representative or
59	59	former personal representative arising out of the representative's
60	60	performance of the duties of a personal representative;
61	61	(2) an action against a surety of a personal
62	62	representative or former personal representative;
63	63	(3) a claim brought by a personal representative on
64	64	behalf of an estate;
65	65	(4) an action brought against a personal
66	66	representative in the representative's capacity as personal
67	67	representative;
68	68	(5) an action for trial of title to real property that
69	69	is estate property, including the enforcement of a lien against the
70	70	property; and
71	71	(6) an action for trial of the right of property that
72	72	is estate property.
73	73	(b) For purposes of this code, in a county in which there is
74	74	no statutory probate court, but in which there is a county court at
75	75	law exercising original probate jurisdiction, a matter related to a
76	76	probate proceeding includes:
77	77	(1) all matters and actions described in Subsection
78	78	(a) of this section;
79	79	(2) the interpretation and administration of a
80	80	testamentary trust if the will creating the trust has been admitted
81	81	to probate in the court; and
82	82	(3) the interpretation and administration of an inter
83	83	vivos trust created by a decedent whose will has been admitted to
84	84	probate in the court.
85	85	(c) For purposes of this code, in a county in which there is
86	86	a statutory probate court, a matter related to a probate proceeding
87	87	includes:
88	88	(1) all matters and actions described in Subsections
89	89	(a) and (b) of this section; and
90	90	(2) any cause of action in which a personal
91	91	representative of an estate pending in the statutory probate court
92	92	is a party in the representative's capacity as personal
93	93	representative.
94	94	Sec. 4C. ORIGINAL JURISDICTION FOR PROBATE PROCEEDINGS.
95	95	(a) In a county in which there is no statutory probate court or
96	96	county court at law exercising original probate jurisdiction, the
97	97	county court has original jurisdiction of probate proceedings.
98	98	(b) In a county in which there is no statutory probate
99	99	court, but in which there is a county court at law exercising
100	100	original probate jurisdiction, the county court at law exercising
101	101	original probate jurisdiction and the county court have concurrent
102	102	original jurisdiction of probate proceedings, unless otherwise
103	103	provided by law. The judge of a county court may hear probate
104	104	proceedings while sitting for the judge of any other county court.
105	105	(c) In a county in which there is a statutory probate court,
106	106	the statutory probate court has original jurisdiction of probate
107	107	proceedings.
108	108	Sec. 4D. JURISDICTION OF CONTESTED PROBATE PROCEEDING IN
109	109	COUNTY WITH NO STATUTORY PROBATE COURT OR STATUTORY COUNTY COURT.
110	110	(a) In a county in which there is no statutory probate court or
111	111	county court at law exercising original probate jurisdiction, when
112	112	a matter in a probate proceeding is contested, the judge of the
113	113	county court may, on the judge's own motion, or shall, on the motion
114	114	of any party to the proceeding, according to the motion:
115	115	(1) request the assignment of a statutory probate
116	116	court judge to hear the contested matter, as provided by Section
117	117	25.0022, Government Code; or
118	118	(2) transfer the contested matter to the district
119	119	court, which may then hear the contested matter as if originally
120	120	filed in the district court.
121	121	(b) If a party to a probate proceeding files a motion for the
122	122	assignment of a statutory probate court judge to hear a contested
123	123	matter in the proceeding before the judge of the county court
124	124	transfers the contested matter to a district court under this
125	125	section, the county judge shall grant the motion for the assignment
126	126	of a statutory probate court judge and may not transfer the matter
127	127	to the district court unless the party withdraws the motion.
128	128	(c) A party to a probate proceeding may file a motion for the
129	129	assignment of a statutory probate court judge under this section
130	130	before a matter in the proceeding becomes contested, and the motion
131	131	is given effect as a motion for assignment of a statutory probate
132	132	court judge under Subsection (a) of this section if the matter later
133	133	becomes contested.
134	134	(d) Notwithstanding any other law, a transfer of a contested
135	135	matter in a probate proceeding to a district court under any
136	136	authority other than the authority provided by this section:
137	137	(1) is disregarded for purposes of this section; and
138	138	(2) does not defeat the right of a party to the
139	139	proceeding to have the matter assigned to a statutory probate court
140	140	judge in accordance with this section.
141	141	(e) A statutory probate court judge assigned to a contested
142	142	matter under this section has the jurisdiction and authority
143	143	granted to a statutory probate court by this code. On resolution of
144	144	a contested matter for which a statutory probate court judge is
145	145	assigned under this section, including any appeal of the matter,
146	146	the statutory probate court judge shall return the matter to the
147	147	county court for further proceedings not inconsistent with the
148	148	orders of the statutory probate court or court of appeals, as
149	149	applicable.
150	150	(f) A district court to which a contested matter is
151	151	transferred under this section has the jurisdiction and authority
152	152	granted to a statutory probate court by this code. On resolution of
153	153	a contested matter transferred to the district court under this
154	154	section, including any appeal of the matter, the district court
155	155	shall return the matter to the county court for further proceedings
156	156	not inconsistent with the orders of the district court or court of
157	157	appeals, as applicable.
158	158	(g) The county court shall continue to exercise
159	159	jurisdiction over the management of the estate, other than a
160	160	contested matter, until final disposition of the contested matter
161	161	is made in accordance with this section. After a contested matter
162	162	is transferred to a district court, any matter related to the
163	163	probate proceeding may be brought in the district court. The
164	164	district court in which a matter related to the probate proceeding
165	165	is filed may, on its own motion or on the motion of any party, find
166	166	that the matter is not a contested matter and transfer the matter to
167	167	the county court with jurisdiction of the management of the estate.
168	168	(h) If a contested matter in a probate proceeding is
169	169	transferred to a district court under this section, the district
170	170	court has jurisdiction of any contested matter in the proceeding
171	171	that is subsequently filed, and the county court shall transfer
172	172	those contested matters to the district court. If a statutory
173	173	probate court judge is assigned under this section to hear a
174	174	contested matter in a probate proceeding, the statutory probate
175	175	court judge shall be assigned to hear any contested matter in the
176	176	proceeding that is subsequently filed.
177	177	(i) The clerk of a district court to which a contested
178	178	matter in a probate proceeding is transferred under this section
179	179	may perform in relation to the contested matter any function a
180	180	county clerk may perform with respect to that type of matter.
181	181	Sec. 4E. JURISDICTION OF CONTESTED PROBATE PROCEEDING IN
182	182	COUNTY WITH NO STATUTORY PROBATE COURT. (a) In a county in which
183	183	there is no statutory probate court, but in which there is a county
184	184	court at law exercising original probate jurisdiction, when a
185	185	matter in a probate proceeding is contested, the judge of the county
186	186	court may, on the judge's own motion, or shall, on the motion of any
187	187	party to the proceeding, transfer the contested matter to the
188	188	county court at law. In addition, the judge of the county court, on
189	189	the judge's own motion or on the motion of a party to the
190	190	proceeding, may transfer the entire proceeding to the county court
191	191	at law.
192	192	(b) A county court at law to which a proceeding is
193	193	transferred under this section may hear the proceeding as if
194	194	originally filed in that court. If only a contested matter in the
195	195	proceeding is transferred, on the resolution of the matter, the
196	196	matter shall be returned to the county court for further
197	197	proceedings not inconsistent with the orders of the county court at
198	198	law.
199	199	Sec. 4F. EXCLUSIVE JURISDICTION OF PROBATE PROCEEDING IN
200	200	COUNTY WITH STATUTORY PROBATE COURT. (a) In a county in which
201	201	there is a statutory probate court, the statutory probate court has
202	202	exclusive jurisdiction of all probate proceedings, regardless of
203	203	whether contested or uncontested. A cause of action related to the
204	204	probate proceeding must be brought in a statutory probate court
205	205	unless the jurisdiction of the statutory probate court is
206	206	concurrent with the jurisdiction of a district court as provided by
207	207	Section 4H of this code or with the jurisdiction of any other court.
208	208	(b) This section shall be construed in conjunction and in
209	209	harmony with Section 145 of this code and all other sections of this
210	210	code relating to independent executors, but may not be construed to
211	211	expand the court's control over an independent executor.
212	212	Sec. 4G. JURISDICTION OF STATUTORY PROBATE COURT WITH
213	213	RESPECT TO TRUSTS AND POWERS OF ATTORNEY. In a county in which
214	214	there is a statutory probate court, the statutory probate court has
215	215	jurisdiction of:
216	216	(1) an action by or against a trustee;
217	217	(2) an action involving an inter vivos trust,
218	218	testamentary trust, or charitable trust;
219	219	(3) an action against an agent or former agent under a
220	220	power of attorney arising out of the agent's performance of the
221	221	duties of an agent; and
222	222	(4) an action to determine the validity of a power of
223	223	attorney or to determine an agent's rights, powers, or duties under
224	224	a power of attorney.
225	225	Sec. 4H. CONCURRENT JURISDICTION WITH DISTRICT COURT. A
226	226	statutory probate court has concurrent jurisdiction with the
227	227	district court in:
228	228	(1) a personal injury, survival, or wrongful death
229	229	action by or against a person in the person's capacity as a personal
230	230	representative;
231	231	(2) an action by or against a trustee;
232	232	(3) an action involving an inter vivos trust,
233	233	testamentary trust, or charitable trust;
234	234	(4) an action involving a personal representative of
235	235	an estate in which each other party aligned with the personal
236	236	representative is not an interested person in that estate;
237	237	(5) an action against an agent or former agent under a
238	238	power of attorney arising out of the agent's performance of the
239	239	duties of an agent; and
240	240	(6) an action to determine the validity of a power of
241	241	attorney or to determine an agent's rights, powers, or duties under
242	242	a power of attorney.
243	243	(c) Section 5B(a), Texas Probate Code, is amended to read as
244	244	follows:
245	245	(a) A judge of a statutory probate court, on the motion of a
246	246	party to the action or on the motion of a person interested in an
247	247	estate, may transfer to the judge's [his] court from a district,
248	248	county, or statutory court a cause of action related to a probate
249	249	proceeding [appertaining to or incident to an estate] pending in
250	250	the statutory probate court or a cause of action in which a personal
251	251	representative of an estate pending in the statutory probate court
252	252	is a party and may consolidate the transferred cause of action with
253	253	the other proceedings in the statutory probate court relating to
254	254	that estate.
255	255	(d) Section 25.0022(i), Government Code, is amended to read
256	256	as follows:
257	257	(i) A judge assigned under this section has the
258	258	jurisdiction, powers, and duties given by Sections 4A, 4C, 4F, 4G,
259	259	4H [5, 5A], 5B, 606, 607, and 608, Texas Probate Code, to statutory
260	260	probate court judges by general law.
261	261	(e) Section 25.1132(c), Government Code, is amended to read
262	262	as follows:
263	263	(c) A county court at law in Hood County has concurrent
264	264	jurisdiction with the district court in:
265	265	(1) civil cases in which the matter in controversy
266	266	exceeds $500 but does not exceed $250,000, excluding interest;
267	267	(2) family law cases and related proceedings;
268	268	(3) contested probate matters under Section 4D(a)
269	269	[5(b)], Texas Probate Code; and
270	270	(4) contested guardianship matters under Section
271	271	606(b), Texas Probate Code.
272	272	(f) Section 25.1863(b), Government Code, is amended to read
273	273	as follows:
274	274	(b) A county court at law has concurrent jurisdiction with
275	275	the district court over contested probate
276	276	matters. Notwithstanding the requirement in [Subsection (b),]
277	277	Section 4D(a) [5], Texas Probate Code, that the judge of the
278	278	constitutional county court transfer a contested probate
279	279	proceeding to the district court, the judge of the constitutional
280	280	county court shall transfer the proceeding under that section to
281	281	either a county court at law in Parker County or a district court in
282	282	Parker County. A county court at law has the jurisdiction, powers,
283	283	and duties that a district court has under [Subsection (b),]
284	284	Section 4D(a) [5], Texas Probate Code, for the transferred
285	285	proceeding, and the county clerk acts as clerk for the proceeding.
286	286	The contested proceeding may be transferred between a county court
287	287	at law in Parker County and a district court in Parker County as
288	288	provided by local rules of administration.
289	289	(g) Section 123.005(a), Property Code, is amended to read as
290	290	follows:
291	291	(a) Venue in a proceeding brought by the attorney general
292	292	alleging breach of a fiduciary duty by a fiduciary or managerial
293	293	agent of a charitable trust shall be a court of competent
294	294	jurisdiction in Travis County or in the county where the defendant
295	295	resides or has its principal office. To the extent of a conflict
296	296	between this subsection and any provision of the Texas Probate Code
297	297	providing for venue of a proceeding brought with respect to a
298	298	charitable trust created by a will that has been admitted to
299	299	probate, this subsection controls.
300	300	(h) Sections 4, 5, and 5A, Texas Probate Code, are repealed.
301	301	(i) The changes in law made by this section apply only to an
302	302	action filed or a proceeding commenced on or after the effective
303	303	date of this Act. An action filed or proceeding commenced before
304	304	the effective date of this Act is governed by the law in effect on
305	305	the date the action was filed or the proceeding was commenced, and
306	306	the former law is continued in effect for that purpose.
307	307	SECTION 13. (a) Effective January 1, 2014, Subtitle A,
308	308	Title 2, Estates Code, as adopted by H.B. No. 2502, Acts of the 81st
309	309	Legislature, Regular Session, 2009, if that Act is enacted and
310	310	becomes law, is amended by adding Chapters 31 and 32 to read as
311	311	follows:
312	312	CHAPTER 31. GENERAL PROVISIONS
313	313	Sec. 31.001. SCOPE OF "PROBATE PROCEEDING" FOR PURPOSES OF
314	314	CODE. The term "probate proceeding," as used in this code,
315	315	includes:
316	316	(1) the probate of a will, with or without
317	317	administration of the estate;
318	318	(2) the issuance of letters testamentary and of
319	319	administration;
320	320	(3) an heirship determination or small estate
321	321	affidavit, community property administration, and homestead and
322	322	family allowances;
323	323	(4) an application, petition, motion, or action
324	324	regarding the probate of a will or an estate administration,
325	325	including a claim for money owed by the decedent;
326	326	(5) a claim arising from an estate administration and
327	327	any action brought on the claim;
328	328	(6) the settling of a personal representative's
329	329	account of an estate and any other matter related to the settlement,
330	330	partition, or distribution of an estate; and
331	331	(7) a will construction suit.
332	332	Sec. 31.002. MATTERS RELATED TO PROBATE PROCEEDING. (a)
333	333	For purposes of this code, in a county in which there is no
334	334	statutory probate court or county court at law exercising original
335	335	probate jurisdiction, a matter related to a probate proceeding
336	336	includes:
337	337	(1) an action against a personal representative or
338	338	former personal representative arising out of the representative's
339	339	performance of the duties of a personal representative;
340	340	(2) an action against a surety of a personal
341	341	representative or former personal representative;
342	342	(3) a claim brought by a personal representative on
343	343	behalf of an estate;
344	344	(4) an action brought against a personal
345	345	representative in the representative's capacity as personal
346	346	representative;
347	347	(5) an action for trial of title to real property that
348	348	is estate property, including the enforcement of a lien against the
349	349	property; and
350	350	(6) an action for trial of the right of property that
351	351	is estate property.
352	352	(b) For purposes of this code, in a county in which there is
353	353	no statutory probate court, but in which there is a county court at
354	354	law exercising original probate jurisdiction, a matter related to a
355	355	probate proceeding includes:
356	356	(1) all matters and actions described in Subsection
357	357	(a);
358	358	(2) the interpretation and administration of a
359	359	testamentary trust if the will creating the trust has been admitted
360	360	to probate in the court; and
361	361	(3) the interpretation and administration of an inter
362	362	vivos trust created by a decedent whose will has been admitted to
363	363	probate in the court.
364	364	(c) For purposes of this code, in a county in which there is
365	365	a statutory probate court, a matter related to a probate proceeding
366	366	includes:
367	367	(1) all matters and actions described in Subsections
368	368	(a) and (b); and
369	369	(2) any cause of action in which a personal
370	370	representative of an estate pending in the statutory probate court
371	371	is a party in the representative's capacity as personal
372	372	representative.
373	373	CHAPTER 32. JURISDICTION
374	374	Sec. 32.001. GENERAL PROBATE COURT JURISDICTION; APPEALS.
375	375	(a) All probate proceedings must be filed and heard in a court
376	376	exercising original probate jurisdiction. The court exercising
377	377	original probate jurisdiction also has jurisdiction of all matters
378	378	related to the probate proceeding as specified in Section 31.002
379	379	for that type of court.
380	380	(b) A probate court may exercise pendent and ancillary
381	381	jurisdiction as necessary to promote judicial efficiency and
382	382	economy.
383	383	(c) A final order issued by a probate court is appealable to
384	384	the court of appeals.
385	385	Sec. 32.002. ORIGINAL JURISDICTION FOR PROBATE
386	386	PROCEEDINGS. (a) In a county in which there is no statutory
387	387	probate court or county court at law exercising original probate
388	388	jurisdiction, the county court has original jurisdiction of probate
389	389	proceedings.
390	390	(b) In a county in which there is no statutory probate
391	391	court, but in which there is a county court at law exercising
392	392	original probate jurisdiction, the county court at law exercising
393	393	original probate jurisdiction and the county court have concurrent
394	394	original jurisdiction of probate proceedings, unless otherwise
395	395	provided by law. The judge of a county court may hear probate
396	396	proceedings while sitting for the judge of any other county court.
397	397	(c) In a county in which there is a statutory probate court,
398	398	the statutory probate court has original jurisdiction of probate
399	399	proceedings.
400	400	Sec. 32.003. JURISDICTION OF CONTESTED PROBATE PROCEEDING
401	401	IN COUNTY WITH NO STATUTORY PROBATE COURT OR STATUTORY COUNTY
402	402	COURT. (a) In a county in which there is no statutory probate court
403	403	or county court at law exercising original probate jurisdiction,
404	404	when a matter in a probate proceeding is contested, the judge of the
405	405	county court may, on the judge's own motion, or shall, on the motion
406	406	of any party to the proceeding, according to the motion:
407	407	(1) request the assignment of a statutory probate
408	408	court judge to hear the contested matter, as provided by Section
409	409	25.0022, Government Code; or
410	410	(2) transfer the contested matter to the district
411	411	court, which may then hear the contested matter as if originally
412	412	filed in the district court.
413	413	(b) If a party to a probate proceeding files a motion for the
414	414	assignment of a statutory probate court judge to hear a contested
415	415	matter in the proceeding before the judge of the county court
416	416	transfers the contested matter to a district court under this
417	417	section, the county judge shall grant the motion for the assignment
418	418	of a statutory probate court judge and may not transfer the matter
419	419	to the district court unless the party withdraws the motion.
420	420	(c) A party to a probate proceeding may file a motion for the
421	421	assignment of a statutory probate court judge under this section
422	422	before a matter in the proceeding becomes contested, and the motion
423	423	is given effect as a motion for assignment of a statutory probate
424	424	court judge under Subsection (a) if the matter later becomes
425	425	contested.
426	426	(d) Notwithstanding any other law, a transfer of a contested
427	427	matter in a probate proceeding to a district court under any
428	428	authority other than the authority provided by this section:
429	429	(1) is disregarded for purposes of this section; and
430	430	(2) does not defeat the right of a party to the
431	431	proceeding to have the matter assigned to a statutory probate court
432	432	judge in accordance with this section.
433	433	(e) A statutory probate court judge assigned to a contested
434	434	matter under this section has the jurisdiction and authority
435	435	granted to a statutory probate court by this subtitle. On
436	436	resolution of a contested matter for which a statutory probate
437	437	court judge is assigned under this section, including any appeal of
438	438	the matter, the statutory probate court judge shall return the
439	439	matter to the county court for further proceedings not inconsistent
440	440	with the orders of the statutory probate court or court of appeals,
441	441	as applicable.
442	442	(f) A district court to which a contested matter is
443	443	transferred under this section has the jurisdiction and authority
444	444	granted to a statutory probate court by this subtitle. On
445	445	resolution of a contested matter transferred to the district court
446	446	under this section, including any appeal of the matter, the
447	447	district court shall return the matter to the county court for
448	448	further proceedings not inconsistent with the orders of the
449	449	district court or court of appeals, as applicable.
450	450	(g) The county court shall continue to exercise
451	451	jurisdiction over the management of the estate, other than a
452	452	contested matter, until final disposition of the contested matter
453	453	is made in accordance with this section. After a contested matter
454	454	is transferred to a district court, any matter related to the
455	455	probate proceeding may be brought in the district court. The
456	456	district court in which a matter related to the probate proceeding
457	457	is filed may, on its own motion or on the motion of any party, find
458	458	that the matter is not a contested matter and transfer the matter to
459	459	the county court with jurisdiction of the management of the estate.
460	460	(h) If a contested matter in a probate proceeding is
461	461	transferred to a district court under this section, the district
462	462	court has jurisdiction of any contested matter in the proceeding
463	463	that is subsequently filed, and the county court shall transfer
464	464	those contested matters to the district court. If a statutory
465	465	probate court judge is assigned under this section to hear a
466	466	contested matter in a probate proceeding, the statutory probate
467	467	court judge shall be assigned to hear any contested matter in the
468	468	proceeding that is subsequently filed.
469	469	(i) The clerk of a district court to which a contested
470	470	matter in a probate proceeding is transferred under this section
471	471	may perform in relation to the contested matter any function a
472	472	county clerk may perform with respect to that type of matter.
473	473	Sec. 32.004. JURISDICTION OF CONTESTED PROBATE PROCEEDING
474	474	IN COUNTY WITH NO STATUTORY PROBATE COURT. (a) In a county in which
475	475	there is no statutory probate court, but in which there is a county
476	476	court at law exercising original probate jurisdiction, when a
477	477	matter in a probate proceeding is contested, the judge of the county
478	478	court may, on the judge's own motion, or shall, on the motion of any
479	479	party to the proceeding, transfer the contested matter to the
480	480	county court at law. In addition, the judge of the county court, on
481	481	the judge's own motion or on the motion of a party to the
482	482	proceeding, may transfer the entire proceeding to the county court
483	483	at law.
484	484	(b) A county court at law to which a proceeding is
485	485	transferred under this section may hear the proceeding as if
486	486	originally filed in that court. If only a contested matter in the
487	487	proceeding is transferred, on the resolution of the matter, the
488	488	matter shall be returned to the county court for further
489	489	proceedings not inconsistent with the orders of the county court at
490	490	law.
491	491	Sec. 32.005. EXCLUSIVE JURISDICTION OF PROBATE PROCEEDING
492	492	IN COUNTY WITH STATUTORY PROBATE COURT. (a) In a county in which
493	493	there is a statutory probate court, the statutory probate court has
494	494	exclusive jurisdiction of all probate proceedings, regardless of
495	495	whether contested or uncontested. A cause of action related to the
496	496	probate proceeding must be brought in a statutory probate court
497	497	unless the jurisdiction of the statutory probate court is
498	498	concurrent with the jurisdiction of a district court as provided by
499	499	Section 32.007 or with the jurisdiction of any other court.
500	500	(b) This section shall be construed in conjunction and in
501	501	harmony with Section 145 and all other sections of this title
502	502	relating to independent executors, but may not be construed to
503	503	expand the court's control over an independent executor.
504	504	Sec. 32.006. JURISDICTION OF STATUTORY PROBATE COURT WITH
505	505	RESPECT TO TRUSTS AND POWERS OF ATTORNEY. In a county in which
506	506	there is a statutory probate court, the statutory probate court has
507	507	jurisdiction of:
508	508	(1) an action by or against a trustee;
509	509	(2) an action involving an inter vivos trust,
510	510	testamentary trust, or charitable trust;
511	511	(3) an action against an agent or former agent under a
512	512	power of attorney arising out of the agent's performance of the
513	513	duties of an agent; and
514	514	(4) an action to determine the validity of a power of
515	515	attorney or to determine an agent's rights, powers, or duties under
516	516	a power of attorney.
517	517	Sec. 32.007. CONCURRENT JURISDICTION WITH DISTRICT COURT.
518	518	A statutory probate court has concurrent jurisdiction with the
519	519	district court in:
520	520	(1) a personal injury, survival, or wrongful death
521	521	action by or against a person in the person's capacity as a personal
522	522	representative;
523	523	(2) an action by or against a trustee;
524	524	(3) an action involving an inter vivos trust,
525	525	testamentary trust, or charitable trust;
526	526	(4) an action involving a personal representative of
527	527	an estate in which each other party aligned with the personal
528	528	representative is not an interested person in that estate;
529	529	(5) an action against an agent or former agent under a
530	530	power of attorney arising out of the agent's performance of the
531	531	duties of an agent; and
532	532	(6) an action to determine the validity of a power of
533	533	attorney or to determine an agent's rights, powers, or duties under
534	534	a power of attorney.
535	535	(b) Sections 4A, 4B, 4C, 4D, 4E, 4F, 4G, and 4H, Texas
536	536	Probate Code, as added by Section 12 of this Act, are repealed.
537	537	(c) Except as otherwise provided by this subsection, this
538	538	section takes effect January 1, 2014. The changes in law made by
539	539	this section take effect only if H.B. No. 2502, Acts of the 81st
540	540	Legislature, Regular Session, 2009, is enacted and becomes law. If
541	541	that bill does not become law, this section has no effect.
542	542	Explanation: This addition is necessary to amend provisions
543	543	relating to jurisdiction and venue of probate proceedings and
544	544	proceedings regarding powers of attorney and certain trusts and to
545	545	add corresponding provisions to the Estates Code if legislation
546	546	creating that code is enacted and becomes law.
547	547	(2) Senate Rule 12.03(1) is suspended to permit the
548	548	committee to change, alter, or amend text not in disagreement by
549	549	substituting the following for the effective date provision of the
550	550	bill:
551	551	SECTION 15. Except as otherwise provided by this Act, this
552	552	Act takes effect September 1, 2009.
553	553	Explanation: The change in the effective date provision is a
554	554	technical change made necessary by the addition of SECTION 13 to the
555	555	bill, as explained in Item (1) of this resolution. The changes in
556	556	law made by that SECTION take effect January 1, 2014, if certain
557	557	circumstances are met.