Texas 2023 - 88th Regular

Texas House Bill HB2893 Compare Versions

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1	1	By: Clardy (Senate Sponsor - Zaffirini) H.B. No. 2893
2	2	(In the Senate - Received from the House May 3, 2023;
3	3	May 5, 2023, read first time and referred to Committee on
4	4	Jurisprudence; May 15, 2023, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 5, Nays 0;
6	6	May 15, 2023, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR H.B. No. 2893 By: Hughes
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the procedures for transferring certain cases and
14	14	proceedings between courts.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Section 33.101, Estates Code, is amended to read
17	17	as follows:
18	18	Sec. 33.101. TRANSFER TO OTHER COUNTY IN WHICH VENUE IS
19	19	PROPER. If probate proceedings involving the same estate are
20	20	commenced in more than one county and the court making a
21	21	determination of venue as provided by Section 33.053 determines
22	22	that venue is proper in another county, the court clerk shall
23	23	transmit the file for the proceeding in accordance with the
24	24	procedures provided by Section 33.105 [make and retain a copy of the
25	25	entire file in the case and transmit the original file in electronic
26	26	or paper form] to the court in the county in which venue is proper.
27	27	The court to which the file is transmitted shall conduct the
28	28	proceeding in the same manner as if the proceeding had originally
29	29	been commenced in that county.
30	30	SECTION 2. Section 33.102(a), Estates Code, is amended to
31	31	read as follows:
32	32	(a) If it appears to the court at any time before the final
33	33	order in a probate proceeding is rendered that the court does not
34	34	have priority of venue over the proceeding, the court shall, on the
35	35	application of an interested person, transfer the proceeding to the
36	36	proper county by transmitting the file for the proceeding in
37	37	accordance with the procedures provided by Section 33.105 to the
38	38	proper court in that county [in electronic or paper form:
39	39	[(1) the original file in the case; and
40	40	[(2) certified copies of all entries that have been
41	41	made in the judge's probate docket in the proceeding].
42	42	SECTION 3. Section 33.103(b), Estates Code, is amended to
43	43	read as follows:
44	44	(b) The clerk of the court from which the probate proceeding
45	45	described by Subsection (a) is transferred shall transmit the file
46	46	for the proceeding in accordance with the procedures provided by
47	47	Section 33.105 to the court to which the proceeding is
48	48	transferred[:
49	49	[(1) the original file in the proceeding; and
50	50	[(2) a certified copy of the index].
51	51	SECTION 4. Subchapter C, Chapter 33, Estates Code, is
52	52	amended by adding Section 33.105 to read as follows:
53	53	Sec. 33.105. TRANSFER OF PROBATE PROCEEDING RECORD. (a) If
54	54	a probate proceeding is transferred to a court in another county
55	55	under this chapter, the clerk of the transferring court shall send
56	56	to the clerk of the court to which the proceeding is transferred,
57	57	using the electronic filing system established under Section
58	58	72.031, Government Code:
59	59	(1) a transfer certificate and index of transferred
60	60	documents;
61	61	(2) a copy of each final order;
62	62	(3) a copy of the order of transfer signed by the
63	63	transferring court;
64	64	(4) a copy of the original papers filed in the
65	65	transferring court, including a copy of any will;
66	66	(5) a copy of the transfer certificate and index of
67	67	transferred documents from each previous transfer; and
68	68	(6) a bill of any costs accrued in the transferring
69	69	court.
70	70	(b) The clerk of the transferring court shall use the
71	71	standardized transfer certificate and index of transferred
72	72	documents form developed by the Office of Court Administration of
73	73	the Texas Judicial System under Section 72.037, Government Code,
74	74	when transferring a proceeding under this section.
75	75	(c) The clerk of the transferring court shall keep a copy of
76	76	the documents transferred under Subsection (a).
77	77	(d) The clerk of the court to which the proceeding is
78	78	transferred shall:
79	79	(1) accept documents transferred under Subsection
80	80	(a);
81	81	(2) docket the proceeding; and
82	82	(3) notify, using the electronic filing system
83	83	established under Section 72.031, Government Code, all parties to
84	84	the proceeding, the clerk of the transferring court, and, if
85	85	appropriate, the transferring court's local registry that the
86	86	proceeding has been docketed.
87	87	(e) The clerk of the transferee court shall physically or
88	88	electronically mark or stamp the transfer certificate and index of
89	89	transferred documents to evidence the date and time of acceptance
90	90	under Subsection (d) but may not physically or electronically mark
91	91	or stamp any other document transferred under Subsection (a).
92	92	(f) The clerks of both the transferee and transferring
93	93	courts may each produce under Chapter 51, Government Code,
94	94	certified or uncertified copies of documents transferred under
95	95	Subsection (a) but must include a copy of the transfer certificate
96	96	and index of transferred documents with each document produced.
97	97	(g) Sections 80.001 and 80.002, Government Code, do not
98	98	apply to the transfer of documents under this section.
99	99	(h) The clerk of the transferring court shall deliver the
100	100	original will, or the copy of the will offered for probate in lieu
101	101	of a lost original will, as applicable, to the clerk of the
102	102	transferee court by:
103	103	(1) registered or certified mail, return receipt
104	104	requested;
105	105	(2) common or contract carrier, with proof of delivery
106	106	receipt; or
107	107	(3) designated delivery service, as defined by 26
108	108	U.S.C. Section 7502(f)(2), with proof of delivery receipt.
109	109	(i) The party requesting the transfer shall pay the cost of
110	110	delivery under Subsection (h).
111	111	SECTION 5. Section 1023.006, Estates Code, is amended to
112	112	read as follows:
113	113	Sec. 1023.006. TRANSFER OF RECORD. (a) Not later than the
114	114	10th working day after the date [When] an order of transfer is
115	115	signed [made] under Section 1023.005, the clerk shall record any
116	116	unrecorded papers of the guardianship required to be recorded. On
117	117	payment of the clerk's fee, the clerk shall send, using the
118	118	electronic filing system established under Section 72.031,
119	119	Government Code, [transmit in electronic or paper form] to the
120	120	county clerk of the county to which the guardianship was ordered
121	121	transferred:
122	122	(1) a transfer certificate and index of transferred
123	123	documents [the case file of the guardianship proceedings]; [and]
124	124	(2) a copy of each final order;
125	125	(3) a copy of the order of transfer signed by the
126	126	transferring court;
127	127	(4) a copy of the original papers filed in the
128	128	transferring court;
129	129	(5) a copy of the transfer certificate and index of
130	130	transferred documents from each previous transfer; and
131	131	(6) a bill of any costs accrued in the transferring
132	132	court [a certified copy of the index of the guardianship records].
133	133	(b) The clerk of the transferring court shall use the
134	134	standardized transfer certificate and index of transferred
135	135	documents form developed by the Office of Court Administration of
136	136	the Texas Judicial System under Section 72.037, Government Code,
137	137	when transferring a proceeding under this section.
138	138	(c) The clerk of the transferring court shall keep a copy of
139	139	the documents transferred under Subsection (a).
140	140	(d) Subject to Section 1023.005(c), the clerk of the court
141	141	to which the proceeding is transferred shall:
142	142	(1) accept documents transferred under Subsection
143	143	(a);
144	144	(2) docket the case; and
145	145	(3) notify, using the electronic filing system
146	146	established under Section 72.031, Government Code, all parties, the
147	147	clerk of the transferring court, and, if appropriate, the
148	148	transferring court's local registry that the case has been
149	149	docketed.
150	150	(e) The clerk of the transferee court shall physically or
151	151	electronically mark or stamp the transfer certificate and index of
152	152	transferred documents to evidence the date and time of acceptance
153	153	under Subsection (d), but may not physically or electronically mark
154	154	or stamp any other document transferred under Subsection (a).
155	155	(f) The clerks of both the transferee and transferring
156	156	courts may each produce under Chapter 51, Government Code,
157	157	certified or uncertified copies of documents transferred under
158	158	Subsection (a) but must include a copy of the transfer certificate
159	159	and index of transferred documents with each document produced.
160	160	(g) Sections 80.001 and 80.002, Government Code, do not
161	161	apply to the transfer of documents under this section.
162	162	SECTION 6. Section 1023.007, Estates Code, is amended to
163	163	read as follows:
164	164	Sec. 1023.007. TRANSFER EFFECTIVE. The order transferring
165	165	a guardianship does not take effect until the clerk of the court to
166	166	which the proceeding is transferred accepts and dockets the case
167	167	record under Section 1023.006[:
168	168	[(1) the case file and a certified copy of the index
169	169	required by Section 1023.006 are filed in electronic or paper form
170	170	in the office of the county clerk of the county to which the
171	171	guardianship was ordered transferred; and
172	172	[(2) a certificate under the clerk's official seal and
173	173	reporting the filing of the case file and a certified copy of the
174	174	index is filed in electronic or paper form in the court ordering the
175	175	transfer by the county clerk of the county to which the guardianship
176	176	was ordered transferred].
177	177	SECTION 7. Sections 155.207(a), (b), and (e), Family Code,
178	178	are amended to read as follows:
179	179	(a) Not later than the 10th working day after the date an
180	180	order of transfer is signed, the clerk of the court transferring a
181	181	proceeding shall send, using the electronic filing system
182	182	established under Section 72.031, Government Code, to the proper
183	183	court [in the county] to which transfer is being made:
184	184	(1) a transfer certificate and index of transferred
185	185	documents;
186	186	(2) a copy of each final order;
187	187	(3) a copy of the order of transfer signed by the
188	188	transferring court;
189	189	(4) a copy of the original papers filed in the
190	190	transferring court;
191	191	(5) a copy of the transfer certificate and index of
192	192	transferred documents from each previous transfer; and
193	193	(6) a bill of any costs that have accrued in the
194	194	transferring court.
195	195	(b) The clerk of the transferring court shall keep a copy of
196	196	the documents transferred under Subsection (a) [transferred
197	197	pleadings].
198	198	(e) The clerks of both the transferee and transferring
199	199	courts may each produce under Chapter 51, Government Code,
200	200	certified or uncertified copies of documents transferred under
201	201	Subsection (a) and must [filed in a case transferred under this
202	202	section, but shall also] include a copy of the transfer certificate
203	203	and index of transferred documents with each document produced.
204	204	SECTION 8. Section 51.3071, Government Code, is amended by
205	205	amending Subsection (a) and adding Subsections (f) and (g) to read
206	206	as follows:
207	207	(a) If a case is transferred from a district court to a
208	208	constitutional or statutory county court or another district court,
209	209	the clerk of the transferring [district] court shall send to the
210	210	[county] clerk of the court to which the case is transferred, using
211	211	the electronic filing system established under Section 72.031:
212	212	(1) a transfer certificate and index of transferred
213	213	documents;
214	214	(2) a copy of the original papers filed in the
215	215	transferring court;
216	216	(3) a copy of the order of transfer signed by the
217	217	transferring court;
218	218	(4) a copy of each final order;
219	219	(5) a copy of the transfer certificate and index of
220	220	transferred documents from each previous transfer; and
221	221	(6) a bill of any costs that have accrued in the
222	222	transferring court.
223	223	(f) The clerks of both the transferee and transferring
224	224	courts may each produce, under this chapter, certified or
225	225	uncertified copies of documents transferred under Subsection (a)
226	226	and must include a copy of the transfer certificate and index of
227	227	transferred documents with each document produced.
228	228	(g) This section applies regardless of whether the
229	229	transferee court and the transferring court are in the same or
230	230	different counties.
231	231	SECTION 9. Section 51.403, Government Code, is amended by
232	232	amending Subsection (a) and adding Subsections (d) and (e) to read
233	233	as follows:
234	234	(a) If a case is transferred from a county court to a
235	235	district court or to a statutory county court or county court of
236	236	another county, the clerk of the transferring [county] court shall
237	237	send to the [district] clerk of the court to which the case is
238	238	transferred, using the electronic filing system established under
239	239	Section 72.031:
240	240	(1) a transfer certificate and index of transferred
241	241	documents;
242	242	(2) a copy of the original papers filed in the
243	243	transferring court;
244	244	(3) a copy of the order of transfer signed by the
245	245	transferring court;
246	246	(4) a copy of each final order;
247	247	(5) a copy of the transfer certificate and index of
248	248	transferred documents from each previous transfer; and
249	249	(6) a bill of any costs that have accrued in the
250	250	transferring court.
251	251	(d) The clerks of both the transferee and transferring
252	252	courts may each produce, under this chapter, certified or
253	253	uncertified copies of documents transferred under Subsection (a)
254	254	and must include a copy of the transfer certificate and index of
255	255	transferred documents with each document produced.
256	256	(e) This section applies to a case transferred between a
257	257	district court and a county court regardless of whether the
258	258	transferee court and the transferring court are in the same or
259	259	different counties. A case transferred between two county courts
260	260	in the same county is not subject to the requirements of this
261	261	section. The clerk serving the county courts shall reassign the
262	262	case on receipt of an order of transfer.
263	263	SECTION 10. Section 72.037(a), Government Code, is amended
264	264	to read as follows:
265	265	(a) The office shall develop and make available a
266	266	standardized transfer certificate and an index of transferred
267	267	documents form to be used for the transfer of cases and proceedings
268	268	under Sections 33.105 and 1023.006, Estates Code, Section 155.207,
269	269	Family Code, and Sections 51.3071 and 51.403 of this code.
270	270	SECTION 11. Section 33.103(c), Estates Code, is repealed.
271	271	SECTION 12. As soon as practicable after the effective date
272	272	of this Act, the Office of Court Administration of the Texas
273	273	Judicial System shall adopt rules and develop and make available
274	274	all forms and materials required by Section 72.037, Government
275	275	Code, as amended by this Act.
276	276	SECTION 13. This Act takes effect September 1, 2023.
277	277	* * * * *