TX
Texas House Bill HB2928

Texas 2019 - 86th Regular

Texas House Bill HB2928 Compare Versions

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1-86R20803 MTB-F
1+86R10397 MTB-F
22 By: King of Parker H.B. No. 2928
3- Substitute the following for H.B. No. 2928:
4- By: Krause C.S.H.B. No. 2928
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to jurisdiction of contested probate proceedings in
10- counties without a statutory probate court or county court at law
11- exercising original probate jurisdiction.
8+ counties without a statutory probate court or statutory county
9+ court.
1210 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13- SECTION 1. Section 32.003, Estates Code, is amended by
14- amending Subsections (a), (b), (b-1), and (c) and adding Subsection
15- (b-2) to read as follows:
16- (a) In a county in which there is no statutory probate court
17- or county court at law exercising original probate jurisdiction,
18- when a matter in a probate proceeding is contested, the judge of the
19- county court may, on the judge's own motion, or shall, on the timely
20- filing of a motion of any party to the proceeding, according to the
21- motion:
22- (1) request the assignment of a statutory probate
23- court judge to hear the contested matter, as provided by Section
24- 25.0022, Government Code; or
25- (2) transfer the contested matter to the district
26- court, which may then hear the contested matter as if originally
27- filed in the district court.
11+ SECTION 1. Sections 32.003(b) and (c), Estates Code, are
12+ amended to read as follows:
2813 (b) If more than one [a] party to a probate proceeding files
29- a motion under Subsection (a) and the motions conflict, the judge of
30- the county court may, with or without a hearing, grant or deny
31- either motion, as considered appropriate under the circumstances of
32- the contested matter [for the assignment of a statutory probate
33- court judge to hear a contested matter in the proceeding before the
34- judge of the county court transfers the contested matter to a
35- district court under this section, the county judge shall grant the
36- motion for the assignment of a statutory probate court judge and may
37- not transfer the matter to the district court unless the party
38- withdraws the motion].
39- (b-1) If a judge of a county court requests the assignment
40- of a statutory probate court judge to hear a contested matter in a
41- probate proceeding [on the judge's own motion or on the motion of a
42- party to the proceeding as provided by this section], the judge may
43- request that the statutory probate court judge be assigned to the
44- entire proceeding [on the judge's own motion or on the motion of a
45- party].
46- (b-2) After the filing of a motion described by Subsection
47- (a) by a party to a probate proceeding, the judge of the county
48- court may not grant any relief with respect to the contested matter
49- other than the assignment or transfer requested in the motion
50- except for injunctive relief as needed to maintain the status quo
51- existing before the matter became contested.
52- (c) A [party to a probate proceeding may file a] motion
53- described by Subsection (a) filed by a party to a probate
54- proceeding:
55- (1) is considered timely if:
56- (A) the motion is filed not later than the 10th
57- day after the date the [for the assignment of a statutory probate
58- court judge under this section before a] matter in the proceeding
59- becomes contested; or
60- (B) in the case of a motion to which each party to
61- the proceeding consents to the assignment or transfer requested in
62- the motion, the motion is filed at any time during which the
63- contested matter remains pending in the county court; and
64- (2) may be amended or withdrawn at any time before the
65- judge grants the motion[, and the motion is given effect as a motion
66- for assignment of a statutory probate court judge under Subsection
67- (a) if the matter later becomes contested].
68- SECTION 2. Section 32.003, Estates Code, as amended by this
69- Act, applies only to a probate proceeding commenced on or after the
70- effective date of this Act. A proceeding commenced before the
71- effective date of this Act is governed by the law in effect on the
72- date the proceeding was commenced, and the former law is continued
73- in effect for that purpose.
14+ a motion under Subsection (a), [for the assignment of a statutory
15+ probate court judge to hear a contested matter in the proceeding
16+ before] the judge of the county court [transfers the contested
17+ matter to a district court under this section, the county judge]
18+ shall grant the motion that was filed first [for the assignment of a
19+ statutory probate court judge and may not transfer the matter to the
20+ district court] unless the party that was the first to file
21+ withdraws the motion.
22+ (c) A party to a probate proceeding may, concurrently with
23+ the party's initial filing in the proceeding, file an anticipatory
24+ [a] motion for the transfer of all contested matters in the
25+ proceeding to the district [assignment of a statutory probate]
26+ court [judge] under this section [before a matter in the proceeding
27+ becomes contested], and the motion is given effect as a motion for
28+ the transfer of all contested matters to the district [assignment
29+ of a statutory probate] court [judge] under Subsection (a) if any
30+ [the] matter in the proceeding later becomes contested, unless the
31+ party withdraws the motion.
32+ SECTION 2. Sections 32.003(b) and (c), Estates Code, as
33+ amended by this Act, apply only to a probate proceeding commenced on
34+ or after the effective date of this Act. A proceeding commenced
35+ before the effective date of this Act is governed by the law in
36+ effect on the date the proceeding was commenced, and the former law
37+ is continued in effect for that purpose.
7438 SECTION 3. This Act takes effect September 1, 2019.