86R10397 MTB-F
By: King of Parker H.B. No. 2928
A BILL TO BE ENTITLED
AN ACT
relating to jurisdiction of contested probate proceedings in
counties without a statutory probate court or statutory county
court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 32.003(b) and (c), Estates Code, are
amended to read as follows:
(b) If more than one [a] party to a probate proceeding files
a motion under Subsection (a), [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 that was filed first [for the assignment of a
statutory probate court judge and may not transfer the matter to the
district court] unless the party that was the first to file
withdraws the motion.
(c) A party to a probate proceeding may, concurrently with
the party's initial filing in the proceeding, file an anticipatory
[a] motion for the transfer of all contested matters in the
proceeding to the district [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
the transfer of all contested matters to the district [assignment
of a statutory probate] court [judge] under Subsection (a) if any
[the] matter in the proceeding later becomes contested, unless the
party withdraws the motion.
SECTION 2. Sections 32.003(b) and (c), Estates Code, as
amended by this Act, apply only to a probate proceeding commenced on
or after the effective date of this Act. A proceeding commenced
before the effective date of this Act is governed by the law in
effect on the date the proceeding was commenced, and the former law
is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019.