BILL ANALYSIS S.B. 1083 By: Rodrguez Judiciary & Civil Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Current law allows a party to appeal from certain interlocutory orders of a district court, county court at law, or county court. However, there is no statutory authority for a person to appeal from such an interlocutory order if it is issued by a statutory probate court. Interested parties contend that this omission can be problematic because in certain counties, a statutory probate court has exclusive jurisdiction over probate, guardianship, and mental health commitment matters. S.B. 1083 addresses this issue by adding statutory probate courts to the types of courts whose interlocutory orders concerning certain matters can be appealed. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS S.B. 1083 amends the Civil Practice and Remedies Code to include certain interlocutory orders of a statutory probate court among the interlocutory orders from which a person is authorized to appeal. EFFECTIVE DATE September 1, 2013.
BILL ANALYSIS
# BILL ANALYSIS
S.B. 1083
By: Rodrguez
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
S.B. 1083
By: Rodrguez
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Current law allows a party to appeal from certain interlocutory orders of a district court, county court at law, or county court. However, there is no statutory authority for a person to appeal from such an interlocutory order if it is issued by a statutory probate court. Interested parties contend that this omission can be problematic because in certain counties, a statutory probate court has exclusive jurisdiction over probate, guardianship, and mental health commitment matters. S.B. 1083 addresses this issue by adding statutory probate courts to the types of courts whose interlocutory orders concerning certain matters can be appealed.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS S.B. 1083 amends the Civil Practice and Remedies Code to include certain interlocutory orders of a statutory probate court among the interlocutory orders from which a person is authorized to appeal.
EFFECTIVE DATE September 1, 2013.
BACKGROUND AND PURPOSE
Current law allows a party to appeal from certain interlocutory orders of a district court, county court at law, or county court. However, there is no statutory authority for a person to appeal from such an interlocutory order if it is issued by a statutory probate court. Interested parties contend that this omission can be problematic because in certain counties, a statutory probate court has exclusive jurisdiction over probate, guardianship, and mental health commitment matters. S.B. 1083 addresses this issue by adding statutory probate courts to the types of courts whose interlocutory orders concerning certain matters can be appealed.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
S.B. 1083 amends the Civil Practice and Remedies Code to include certain interlocutory orders of a statutory probate court among the interlocutory orders from which a person is authorized to appeal.
EFFECTIVE DATE
September 1, 2013.