TX
Texas House Bill HB2893

Texas 2023 - 88th Regular

Texas House Bill HB2893

Filed
2/27/23  
Out of House Committee
4/26/23  
Voted on by House
5/2/23  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the procedures for transferring certain cases and proceedings between courts.

Impact

The bill amends various sections of the Texas Estates Code and Government Code to ensure that when probate proceedings are initiated in multiple counties, clerks follow a uniform procedure for transferring case files. Specifically, it stipulates that court records must be sent electronically or in paper form along with a transfer certificate. Such measures are intended to preserve the integrity of original documents and reduce complications that can occur during jurisdictional disputes. These changes are expected to ease the administrative burden on court systems statewide and enhance access for those involved in probate and guardianship cases.

Summary

House Bill 2893, introduced by Representative Travis Clardy, is designed to streamline and standardize the procedures for transferring certain cases and proceedings between courts in Texas. The bill establishes clear guidelines for how court clerks should manage the transfer of probate and guardianship matters, focusing on the creation of a standardized transfer certificate that will facilitate these processes across different counties. This legislative effort aims to improve overall efficiency and consistency in court operations, particularly in probate cases where jurisdictional issues may arise due to multiple court filings in different locations.

Sentiment

General sentiment surrounding HB 2893 appears to be positive among legislative supporters and entities involved in the Texas court system. During discussions in committee meetings, representatives from the County and District Clerks Association expressed their backing of the legislation, highlighting its potential for enhancing operational efficiency. There were no noted opposition testimonies, signaling widespread agreement on the need for clear protocols in the transfer process.

Contention

While the discussions did not surface significant points of contention, the bill is noteworthy for addressing prior procedural inconsistencies that may have hindered efficient court operations. Critics of similar legislation in previous sessions often raised concerns over how standardized procedures could affect localized needs in unique legal contexts; however, in this instance, HB 2893 appears to have garnered supportive feedback, indicating that stakeholders believe the benefits of consistency outweigh any potential drawbacks.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 51. Clerks
    • Section: 3071
    • Section: New Section
    • Section: 3071
    • Section: New Section
    • Section: 3071
    • Section: New Section
    • Section: 3071
    • Section: New Section
  • Chapter 72. Office Of Court Administration
    • Section: 037
    • Section: 037

Estates Code

  • Chapter 33. Venue
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Part 1.general Provisions
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 1023. Venue
    • Section: New Section
    • Section: 007
    • Section: New Section
    • Section: 007
    • Section: New Section
    • Section: New Section

Family Code

  • Chapter 155. Continuing, Exclusive Jurisdiction; Transfer
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB1365

Relating to the procedure for transferring certain cases and proceedings between courts.

TX SB2027

Relating to the procedure for transferring certain cases and proceedings between courts.

TX SB626

Relating to guardianships, management trusts, and certain other procedures and proceedings for persons who are incapacitated, probate matters and proceedings, and other matters involving statutory county courts, including statutory probate courts.

TX HB3403

Relating to court administration and costs; increasing certain court costs; authorizing fees.

TX SB1612

Relating to court administration and costs; increasing certain court costs; authorizing fees.

TX SB1975

Relating to probate and guardianship matters and proceedings and other matters involving probate courts.

TX SB615

Relating to probate and guardianship matters and proceedings and other matters involving probate courts.

TX HB3474

Relating to the operation and administration of and practices and procedures regarding proceedings in the judicial branch of state government, including the service of process and delivery of documents related to the proceedings, the administration of oaths, and the management of the Texas Indigent Defense Commission, and the composition of certain juvenile boards; establishing a civil penalty; increasing certain court costs; authorizing fees.

TX SB667

Relating to probate and guardianship matters and certain procedures for persons who are incapacitated or have a mental illness.

TX SB1839

Relating to the delivery of records, including a will, in probate proceedings transferred to other courts.

Similar Bills

TX HB1365

Relating to the procedure for transferring certain cases and proceedings between courts.

TX SB2027

Relating to the procedure for transferring certain cases and proceedings between courts.

TX HB3403

Relating to court administration and costs; increasing certain court costs; authorizing fees.

TX SB1612

Relating to court administration and costs; increasing certain court costs; authorizing fees.

TX HB3774

Relating to the operation and administration of and practice and procedure related to proceedings in the judicial branch of state government.

TX SB1530

Relating to the operation and administration of and practice and procedure related to proceedings in the judicial branch of state government.