86R20803 MTB-F
By: King of Parker H.B. No. 2928
Substitute the following for H.B. No. 2928:
By: Krause C.S.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 county court at law
exercising original probate jurisdiction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.003, Estates Code, is amended by
amending Subsections (a), (b), (b-1), and (c) and adding Subsection
(b-2) to read as follows:
(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 timely
filing of a 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 more than one [a] party to a probate proceeding files
a motion under Subsection (a) and the motions conflict, the judge of
the county court may, with or without a hearing, grant or deny
either motion, as considered appropriate under the circumstances of
the contested matter [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].
(b-1) If a judge of a county court requests the assignment
of a statutory probate court judge to hear a contested matter in a
probate proceeding [on the judge's own motion or on the motion of a
party to the proceeding as provided by this section], the judge may
request that the statutory probate court judge be assigned to the
entire proceeding [on the judge's own motion or on the motion of a
party].
(b-2) After the filing of a motion described by Subsection
(a) by a party to a probate proceeding, the judge of the county
court may not grant any relief with respect to the contested matter
other than the assignment or transfer requested in the motion
except for injunctive relief as needed to maintain the status quo
existing before the matter became contested.
(c) A [party to a probate proceeding may file a] motion
described by Subsection (a) filed by a party to a probate
proceeding:
(1) is considered timely if:
(A) the motion is filed not later than the 10th
day after the date the [for the assignment of a statutory probate
court judge under this section before a] matter in the proceeding
becomes contested; or
(B) in the case of a motion to which each party to
the proceeding consents to the assignment or transfer requested in
the motion, the motion is filed at any time during which the
contested matter remains pending in the county court; and
(2) may be amended or withdrawn at any time before the
judge grants the motion[, 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].
SECTION 2. Section 32.003, Estates Code, as amended by this
Act, applies 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.