Bill Text: TX HB2928 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to jurisdiction of contested probate proceedings in counties without a statutory probate court or county court at law exercising original probate jurisdiction.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-24 - Committee report sent to Calendars [HB2928 Detail]
Download: Texas-2019-HB2928-Comm_Sub.html
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 |
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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 [ |
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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 [ |
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(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 [ |
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request that the statutory probate court judge be assigned to the | ||
entire proceeding [ |
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(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 [ |
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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 [ |
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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[ |
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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. |