S.B. No. 408
 
 
 
 
AN ACT
  relating to jurisdiction, venue, and appeals in certain matters,
  including the jurisdiction of and appeals from certain courts and
  administrative decisions and the appointment of counsel in certain
  appeals.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.012, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 51.012.  APPEAL OR WRIT OF ERROR TO COURT OF APPEALS.
  In a civil case in which the judgment or amount in controversy
  exceeds $250 [$100], exclusive of interest and costs, a person may
  take an appeal or writ of error to the court of appeals from a final
  judgment of the district or county court.
         SECTION 2.  (a)  Section 82.003, Civil Practice and Remedies
  Code, is amended by adding Subsection (c) to read as follows:
         (c)  If after service on a nonresident manufacturer through
  the secretary of state in the manner prescribed by Subchapter C,
  Chapter 17, the manufacturer fails to answer or otherwise make an
  appearance in the time required by law, it is conclusively presumed
  for the purposes of Subsection (a)(7)(B) that the manufacturer is
  not subject to the jurisdiction of the court unless the seller is
  able to secure personal jurisdiction over the manufacturer in the
  action.
         (b)  The change in law made by this section applies to an
  action filed on or after the effective date of this Act or pending
  on the effective date of this Act.
         SECTION 3.  Subsection (a), Section 22.220, Government Code,
  is amended to read as follows:
         (a)  Each court of appeals has appellate jurisdiction of all
  civil cases within its district of which the district courts or
  county courts have jurisdiction when the amount in controversy or
  the judgment rendered exceeds $250 [$100], exclusive of interest
  and costs.
         SECTION 4.  Subchapter A, Chapter 25, Government Code, is
  amended by adding Section 25.0020 to read as follows:
         Sec. 25.0020.  APPOINTMENT OF COUNSEL IN CERTAIN APPEALS.
  (a)  On a written application of any party to an eviction suit, the
  county court or county court at law in which an appeal of the suit is
  filed may appoint any qualified attorney who is willing to provide
  pro bono services in the matter or counsel from a list provided by a
  pro bono legal services program of counsel willing to be appointed
  to handle appeals under this section to attend to the cause of a
  party who:
               (1)  was in possession of the residence at the time the
  eviction suit was filed in the justice court; and
               (2)  has perfected the appeal on a pauper's affidavit
  approved in accordance with Rule 749a, Texas Rules of Civil
  Procedure.
         (b)  The appointed counsel shall represent the individual in
  the proceedings of the suit in the county court or county court at
  law. At the conclusion of those proceedings, the appointment
  terminates.
         (c)  The court may terminate representation appointed under
  this section for cause.
         (d)  Appointed counsel may not receive attorney's fees
  unless the recovery of attorney's fees is provided for by contract,
  statute, common law, court rules, or other regulations. The county
  is not responsible for payment of attorney's fees to appointed
  counsel.
         (e)  The court shall provide for a method of service of
  written notice on the parties to an eviction suit of the right to
  request an appointment of counsel on perfection of appeal on
  approval of a pauper's affidavit.
         SECTION 5.  Subchapter A, Chapter 26, Government Code, is
  amended by adding Section 26.010 to read as follows:
         Sec. 26.010.  APPOINTMENT OF COUNSEL IN CERTAIN APPEALS.
  (a)  On a written application of any party to an eviction suit, the
  county court or county court at law in which an appeal of the suit is
  filed may appoint any qualified attorney who is willing to provide
  pro bono services in the matter or counsel from a list provided by a
  pro bono legal services program of counsel willing to be appointed
  to handle appeals under this section to attend to the cause of a
  party who:
               (1)  was in possession of the residence at the time the
  eviction suit was filed in the justice court; and
               (2)  has perfected the appeal on a pauper's affidavit
  approved in accordance with Rule 749a, Texas Rules of Civil
  Procedure.
         (b)  The appointed counsel shall represent the individual in
  the proceedings of the suit in the county court or county court at
  law. At the conclusion of those proceedings, the appointment
  terminates.
         (c)  The court may terminate representation appointed under
  this section for cause.
         (d)  Appointed counsel may not receive attorney's fees
  unless the recovery of attorney's fees is provided for by contract,
  statute, common law, court rules, or other regulations. The county
  is not responsible for payment of attorney's fees to appointed
  counsel.
         (e)  The court shall provide for a method of service of
  written notice on the parties to an eviction suit of the right to
  request an appointment of counsel on perfection of appeal on
  approval of a pauper's affidavit.
         SECTION 6.  Subsection (c), Section 26.042, Government Code,
  is amended to read as follows:
         (c)  If under Subchapter E a county court has original
  concurrent jurisdiction with the justice courts in all civil
  matters in which the justice courts have jurisdiction, an appeal or
  writ of error may not be taken to the court of appeals from a final
  judgment of the county court in a civil case in which:
               (1)  the county court has appellate or original
  concurrent jurisdiction with the justice courts; and
               (2)  the judgment or amount in controversy does not
  exceed $250 [$100], exclusive of interest and costs.
         SECTION 7.  Subsection (b), Section 28.052, Government Code,
  is amended to read as follows:
         (b)  Except to the extent of any conflict with this
  subchapter, appeal [Appeal] is in the manner provided by law for
  appeals [appeal] from justice courts [court to county court].
         SECTION 8.  The heading to Section 28.053, Government Code,
  is amended to read as follows:
         Sec. 28.053.  DE NOVO TRIAL [HEARING] ON APPEAL.  
         SECTION 9.  Subsections (b) and (d), Section 28.053,
  Government Code, are amended to read as follows:
         (b)  Trial on appeal to the county court or county court at
  law is de novo. No further pleadings are required [and the
  procedure is the same as in small claims court].
         (d)  A person may appeal the final judgment [Judgment] of the
  county court or county court at law on the appeal to the court of
  appeals [is final].
         SECTION 10.  (a)  Subsections (a) and (e), Section 531.019,
  Government Code, as added by Chapter 1161 (H.B. 75), Acts of the
  80th Legislature, Regular Session, 2007, are amended to read as
  follows:
         (a)  In this section, "public assistance benefits" means
  benefits provided under a public assistance program under Chapter
  31, 32, or 33, Human Resources Code.
         (e)  For purposes of Section 2001.171, an applicant for or
  recipient of public assistance benefits has exhausted all available
  administrative remedies and a decision, including a decision under
  Section 31.034 or 32.035, Human Resources Code, is final and
  appealable on the date that, after a hearing:
               (1)  the hearing officer for the commission or a health
  and human services agency reaches a final decision related to the
  benefits; and
               (2)  the appropriate attorney completes an
  administrative review of the decision and notifies the applicant or
  recipient in writing of the results of that review.
         (b)  The changes in law made by this section apply only to an
  appeal of a final decision by the Health and Human Services
  Commission related to financial assistance benefits under Chapter
  31, Human Resources Code, that is rendered on or after the effective
  date of this Act. A final decision rendered by the commission
  before the effective date of this Act is governed by the law in
  effect on the date the decision was rendered, and the former law is
  continued in effect for that purpose.
         SECTION 11.  (a)  Subsection (a), Section 821.025, Health
  and Safety Code, is amended to read as follows:
         (a)  An owner divested of ownership of an animal under
  Section 821.023 [ordered sold at public auction as provided in this
  subchapter] may appeal the order to a county court or county court
  at law in the county in which the justice or municipal court is
  located. As a condition of perfecting an appeal, not later than the
  10th calendar day after the date the order is issued, the owner must
  file a notice of appeal and an appeal bond in an amount determined
  by the [justice or municipal] court from which the appeal is taken
  to be adequate to cover the estimated expenses incurred in housing
  and caring for the impounded animal during the appeal process.  Not
  later than the fifth calendar day after the date the notice of
  appeal and appeal bond is filed, the court from which the appeal is
  taken shall deliver a copy of the court's transcript to the county
  court or county court at law to which the appeal is made. Not later
  than the 10th calendar day after the date the county court or county
  court at law, as appropriate, receives the transcript, the court
  shall dispose of the appeal. The decision of the county court or
  county court at law under this section is final and may not be
  further appealed. [An owner may not appeal an order:
               [(1)     to give the animal to a nonprofit animal shelter,
  pound, or society for the protection of animals; or
               [(2)  to humanely destroy the animal.]
         (b)  Subsection (a), Section 821.025, Health and Safety
  Code, as amended by this section, applies only to an appeal of a
  court order issued on or after the effective date of this Act. An
  appeal of a court order issued before the effective date of this Act
  is covered by the law in effect when the appeal was issued, and the
  former law is continued in effect for that purpose.
         SECTION 12.  (a)  Subsection (bb), Section 3, Texas Probate
  Code, is amended to read as follows:
         (bb)  "Probate proceeding" is synonymous with the terms
  "Probate matter," ["Probate proceedings,"] "Proceeding in
  probate," and "Proceedings for probate." The term means a matter or
  proceeding related to the estate of a decedent [are synonymous] and
  includes:
                     (1)  the probate of a will, with or without
  administration of the estate;
                     (2)  the issuance of letters testamentary and of
  administration;
                     (3)  an heirship determination or small estate
  affidavit, community property administration, and homestead and
  family allowances;
                     (4)  an application, petition, motion, or action
  regarding the probate of a will or an estate administration,
  including a claim for money owed by the decedent;
                     (5)  a claim arising from an estate administration
  and any action brought on the claim;
                     (6)  the settling of a personal representative's
  account of an estate and any other matter related to the settlement,
  partition, or distribution of an estate; and
                     (7)  a will construction suit [include a matter or
  proceeding relating to the estate of a decedent].
         (b)  Chapter I, Texas Probate Code, is amended by adding
  Sections 4A, 4B, 4C, 4D, 4E, 4F, 4G, and 4H to read as follows:
         Sec. 4A.  GENERAL PROBATE COURT JURISDICTION; APPEALS.
  (a)  All probate proceedings must be filed and heard in a court
  exercising original probate jurisdiction. The court exercising
  original probate jurisdiction also has jurisdiction of all matters
  related to the probate proceeding as specified in Section 4B of this
  code for that type of court.
         (b)  A probate court may exercise pendent and ancillary
  jurisdiction as necessary to promote judicial efficiency and
  economy.
         (c)  A final order issued by a probate court is appealable to
  the court of appeals.
         Sec. 4B.  MATTERS RELATED TO PROBATE PROCEEDING. (a)  For
  purposes of this code, in a county in which there is no statutory
  probate court or county court at law exercising original probate
  jurisdiction, a matter related to a probate proceeding includes:
               (1)  an action against a personal representative or
  former personal representative arising out of the representative's
  performance of the duties of a personal representative;
               (2)  an action against a surety of a personal
  representative or former personal representative;
               (3)  a claim brought by a personal representative on
  behalf of an estate;
               (4)  an action brought against a personal
  representative in the representative's capacity as personal
  representative;
               (5)  an action for trial of title to real property that
  is estate property, including the enforcement of a lien against the
  property; and
               (6)  an action for trial of the right of property that
  is estate property.
         (b)  For purposes of this code, in a county in which there is
  no statutory probate court, but in which there is a county court at
  law exercising original probate jurisdiction, a matter related to a
  probate proceeding includes:
               (1)  all matters and actions described in Subsection
  (a) of this section;
               (2)  the interpretation and administration of a
  testamentary trust if the will creating the trust has been admitted
  to probate in the court; and
               (3)  the interpretation and administration of an inter
  vivos trust created by a decedent whose will has been admitted to
  probate in the court.
         (c)  For purposes of this code, in a county in which there is
  a statutory probate court, a matter related to a probate proceeding
  includes:
               (1)  all matters and actions described in Subsections
  (a) and (b) of this section; and
               (2)  any cause of action in which a personal
  representative of an estate pending in the statutory probate court
  is a party in the representative's capacity as personal
  representative.
         Sec. 4C.  ORIGINAL JURISDICTION FOR PROBATE PROCEEDINGS.
  (a)  In a county in which there is no statutory probate court or
  county court at law exercising original probate jurisdiction, the
  county court has original jurisdiction of probate proceedings.
         (b)  In a county in which there is no statutory probate
  court, but in which there is a county court at law exercising
  original probate jurisdiction, the county court at law exercising
  original probate jurisdiction and the county court have concurrent
  original jurisdiction of probate proceedings, unless otherwise
  provided by law. The judge of a county court may hear probate
  proceedings while sitting for the judge of any other county court.
         (c)  In a county in which there is a statutory probate court,
  the statutory probate court has original jurisdiction of probate
  proceedings.
         Sec. 4D.  JURISDICTION OF CONTESTED PROBATE PROCEEDING IN
  COUNTY WITH NO STATUTORY PROBATE COURT OR STATUTORY COUNTY COURT.
  (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 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 a party to a probate proceeding files a motion 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.
         (c)  A party to a probate proceeding may file a motion for the
  assignment of a statutory probate court judge under this section
  before a matter in the proceeding becomes contested, and the motion
  is given effect as a motion for assignment of a statutory probate
  court judge under Subsection (a) of this section if the matter later
  becomes contested.
         (d)  Notwithstanding any other law, a transfer of a contested
  matter in a probate proceeding to a district court under any
  authority other than the authority provided by this section:
               (1)  is disregarded for purposes of this section; and
               (2)  does not defeat the right of a party to the
  proceeding to have the matter assigned to a statutory probate court
  judge in accordance with this section.
         (e)  A statutory probate court judge assigned to a contested
  matter under this section has the jurisdiction and authority
  granted to a statutory probate court by this code. On resolution of
  a contested matter for which a statutory probate court judge is
  assigned under this section, including any appeal of the matter,
  the statutory probate court judge shall return the matter to the
  county court for further proceedings not inconsistent with the
  orders of the statutory probate court or court of appeals, as
  applicable.
         (f)  A district court to which a contested matter is
  transferred under this section has the jurisdiction and authority
  granted to a statutory probate court by this code. On resolution of
  a contested matter transferred to the district court under this
  section, including any appeal of the matter, the district court
  shall return the matter to the county court for further proceedings
  not inconsistent with the orders of the district court or court of
  appeals, as applicable.
         (g)  The county court shall continue to exercise
  jurisdiction over the management of the estate, other than a
  contested matter, until final disposition of the contested matter
  is made in accordance with this section. After a contested matter
  is transferred to a district court, any matter related to the
  probate proceeding may be brought in the district court. The
  district court in which a matter related to the probate proceeding
  is filed may, on its own motion or on the motion of any party, find
  that the matter is not a contested matter and transfer the matter to
  the county court with jurisdiction of the management of the estate.
         (h)  If a contested matter in a probate proceeding is
  transferred to a district court under this section, the district
  court has jurisdiction of any contested matter in the proceeding
  that is subsequently filed, and the county court shall transfer
  those contested matters to the district court.  If a statutory
  probate court judge is assigned under this section to hear a
  contested matter in a probate proceeding, the statutory probate
  court judge shall be assigned to hear any contested matter in the
  proceeding that is subsequently filed.
         (i)  The clerk of a district court to which a contested
  matter in a probate proceeding is transferred under this section
  may perform in relation to the contested matter any function a
  county clerk may perform with respect to that type of matter.
         Sec. 4E.  JURISDICTION OF CONTESTED PROBATE PROCEEDING IN
  COUNTY WITH NO STATUTORY PROBATE COURT. (a)  In a county in which
  there is no statutory probate court, but in which there is a 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 motion of any
  party to the proceeding, transfer the contested matter to the
  county court at law. In addition, the judge of the county court, on
  the judge's own motion or on the motion of a party to the
  proceeding, may transfer the entire proceeding to the county court
  at law.
         (b)  A county court at law to which a proceeding is
  transferred under this section may hear the proceeding as if
  originally filed in that court. If only a contested matter in the
  proceeding is transferred, on the resolution of the matter, the
  matter shall be returned to the county court for further
  proceedings not inconsistent with the orders of the county court at
  law.
         Sec. 4F.  EXCLUSIVE JURISDICTION OF PROBATE PROCEEDING IN
  COUNTY WITH STATUTORY PROBATE COURT. (a)  In a county in which
  there is a statutory probate court, the statutory probate court has
  exclusive jurisdiction of all probate proceedings, regardless of
  whether contested or uncontested. A cause of action related to the
  probate proceeding must be brought in a statutory probate court
  unless the jurisdiction of the statutory probate court is
  concurrent with the jurisdiction of a district court as provided by
  Section 4H of this code or with the jurisdiction of any other court.
         (b)  This section shall be construed in conjunction and in
  harmony with Section 145 of this code and all other sections of this
  code relating to independent executors, but may not be construed to
  expand the court's control over an independent executor.
         Sec. 4G.  JURISDICTION OF STATUTORY PROBATE COURT WITH
  RESPECT TO TRUSTS AND POWERS OF ATTORNEY. In a county in which
  there is a statutory probate court, the statutory probate court has
  jurisdiction of:
               (1)  an action by or against a trustee;
               (2)  an action involving an inter vivos trust,
  testamentary trust, or charitable trust;
               (3)  an action against an agent or former agent under a
  power of attorney arising out of the agent's performance of the
  duties of an agent; and
               (4)  an action to determine the validity of a power of
  attorney or to determine an agent's rights, powers, or duties under
  a power of attorney.
         Sec. 4H.  CONCURRENT JURISDICTION WITH DISTRICT COURT. A
  statutory probate court has concurrent jurisdiction with the
  district court in:
               (1)  a personal injury, survival, or wrongful death
  action by or against a person in the person's capacity as a personal
  representative;
               (2)  an action by or against a trustee;
               (3)  an action involving an inter vivos trust,
  testamentary trust, or charitable trust;
               (4)  an action involving a personal representative of
  an estate in which each other party aligned with the personal
  representative is not an interested person in that estate;
               (5)  an action against an agent or former agent under a
  power of attorney arising out of the agent's performance of the
  duties of an agent; and
               (6)  an action to determine the validity of a power of
  attorney or to determine an agent's rights, powers, or duties under
  a power of attorney.
         (c)  Subsection (a), Section 5B, Texas Probate Code, is
  amended to read as follows:
         (a)  A judge of a statutory probate court, on the motion of a
  party to the action or on the motion of a person interested in an
  estate, may transfer to the judge's [his] court from a district,
  county, or statutory court a cause of action related to a probate
  proceeding [appertaining to or incident to an estate] pending in
  the statutory probate court or a cause of action in which a personal
  representative of an estate pending in the statutory probate court
  is a party and may consolidate the transferred cause of action with
  the other proceedings in the statutory probate court relating to
  that estate.
         (d)  Subsection (i), Section 25.0022, Government Code, is
  amended to read as follows:
         (i)  A judge assigned under this section has the
  jurisdiction, powers, and duties given by Sections 4A, 4C, 4F, 4G,
  4H [5, 5A], 5B, 606, 607, and 608, Texas Probate Code, to statutory
  probate court judges by general law.
         (e)  Subsection (c), Section 25.1132, Government Code, is
  amended to read as follows:
         (c)  A county court at law in Hood County has concurrent
  jurisdiction with the district court in:
               (1)  civil cases in which the matter in controversy
  exceeds $500 but does not exceed $250,000, excluding interest;
               (2)  family law cases and related proceedings;
               (3)  contested probate matters under Section 4D(a)
  [5(b)], Texas Probate Code; and
               (4)  contested guardianship matters under Section
  606(b), Texas Probate Code.
         (f)  Subsection (b), Section 25.1863, Government Code, is
  amended to read as follows:
         (b)  A county court at law has concurrent jurisdiction with
  the district court over contested probate
  matters.  Notwithstanding the requirement in [Subsection (b),]
  Section 4D(a) [5], Texas Probate Code, that the judge of the
  constitutional county court transfer a contested probate
  proceeding to the district court, the judge of the constitutional
  county court shall transfer the proceeding under that section to
  either a county court at law in Parker County or a district court in
  Parker County.  A county court at law has the jurisdiction, powers,
  and duties that a district court has under [Subsection (b),]
  Section 4D(a) [5], Texas Probate Code, for the transferred
  proceeding, and the county clerk acts as clerk for the
  proceeding.  The contested proceeding may be transferred between a
  county court at law in Parker County and a district court in Parker
  County as provided by local rules of administration.
         (g)  Subsection (a), Section 123.005, Property Code, is
  amended to read as follows:
         (a)  Venue in a proceeding brought by the attorney general
  alleging breach of a fiduciary duty by a fiduciary or managerial
  agent of a charitable trust shall be a court of competent
  jurisdiction in Travis County or in the county where the defendant
  resides or has its principal office. To the extent of a conflict
  between this subsection and any provision of the Texas Probate Code
  providing for venue of a proceeding brought with respect to a
  charitable trust created by a will that has been admitted to
  probate, this subsection controls.
         (h)  Sections 4, 5, and 5A, Texas Probate Code, are repealed.
         (i)  The changes in law made by this section apply only to an
  action filed or a proceeding commenced on or after the effective
  date of this Act. An action filed or proceeding commenced before
  the effective date of this Act is governed by the law in effect on
  the date the action was filed or the proceeding was commenced, and
  the former law is continued in effect for that purpose.
         SECTION 13.  (a)  Effective January 1, 2014, Subtitle A,
  Title 2, Estates Code, as adopted by H.B. No. 2502, Acts of the 81st
  Legislature, Regular Session, 2009, if that Act is enacted and
  becomes law, is amended by adding Chapters 31 and 32 to read as
  follows:
  CHAPTER 31. GENERAL PROVISIONS
         Sec. 31.001.  SCOPE OF "PROBATE PROCEEDING" FOR PURPOSES OF
  CODE. The term "probate proceeding," as used in this code,
  includes:
               (1)  the probate of a will, with or without
  administration of the estate;
               (2)  the issuance of letters testamentary and of
  administration;
               (3)  an heirship determination or small estate
  affidavit, community property administration, and homestead and
  family allowances;
               (4)  an application, petition, motion, or action
  regarding the probate of a will or an estate administration,
  including a claim for money owed by the decedent;
               (5)  a claim arising from an estate administration and
  any action brought on the claim;
               (6)  the settling of a personal representative's
  account of an estate and any other matter related to the settlement,
  partition, or distribution of an estate; and
               (7)  a will construction suit.
         Sec. 31.002.  MATTERS RELATED TO PROBATE PROCEEDING.
  (a)  For purposes of this code, in a county in which there is no
  statutory probate court or county court at law exercising original
  probate jurisdiction, a matter related to a probate proceeding
  includes:
               (1)  an action against a personal representative or
  former personal representative arising out of the representative's
  performance of the duties of a personal representative;
               (2)  an action against a surety of a personal
  representative or former personal representative;
               (3)  a claim brought by a personal representative on
  behalf of an estate;
               (4)  an action brought against a personal
  representative in the representative's capacity as personal
  representative;
               (5)  an action for trial of title to real property that
  is estate property, including the enforcement of a lien against the
  property; and
               (6)  an action for trial of the right of property that
  is estate property.
         (b)  For purposes of this code, in a county in which there is
  no statutory probate court, but in which there is a county court at
  law exercising original probate jurisdiction, a matter related to a
  probate proceeding includes:
               (1)  all matters and actions described in Subsection
  (a);
               (2)  the interpretation and administration of a
  testamentary trust if the will creating the trust has been admitted
  to probate in the court; and
               (3)  the interpretation and administration of an inter
  vivos trust created by a decedent whose will has been admitted to
  probate in the court.
         (c)  For purposes of this code, in a county in which there is
  a statutory probate court, a matter related to a probate proceeding
  includes:
               (1)  all matters and actions described in Subsections
  (a) and (b); and
               (2)  any cause of action in which a personal
  representative of an estate pending in the statutory probate court
  is a party in the representative's capacity as personal
  representative.
  CHAPTER 32. JURISDICTION
         Sec. 32.001.  GENERAL PROBATE COURT JURISDICTION; APPEALS.
  (a)  All probate proceedings must be filed and heard in a court
  exercising original probate jurisdiction. The court exercising
  original probate jurisdiction also has jurisdiction of all matters
  related to the probate proceeding as specified in Section 31.002
  for that type of court.
         (b)  A probate court may exercise pendent and ancillary
  jurisdiction as necessary to promote judicial efficiency and
  economy.
         (c)  A final order issued by a probate court is appealable to
  the court of appeals.
         Sec. 32.002.  ORIGINAL JURISDICTION FOR PROBATE
  PROCEEDINGS. (a)  In a county in which there is no statutory
  probate court or county court at law exercising original probate
  jurisdiction, the county court has original jurisdiction of probate
  proceedings.
         (b)  In a county in which there is no statutory probate
  court, but in which there is a county court at law exercising
  original probate jurisdiction, the county court at law exercising
  original probate jurisdiction and the county court have concurrent
  original jurisdiction of probate proceedings, unless otherwise
  provided by law. The judge of a county court may hear probate
  proceedings while sitting for the judge of any other county court.
         (c)  In a county in which there is a statutory probate court,
  the statutory probate court has original jurisdiction of probate
  proceedings.
         Sec. 32.003.  JURISDICTION OF CONTESTED PROBATE PROCEEDING
  IN COUNTY WITH NO STATUTORY PROBATE COURT OR STATUTORY COUNTY
  COURT. (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 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 a party to a probate proceeding files a motion 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.
         (c)  A party to a probate proceeding may file a motion for the
  assignment of a statutory probate court judge under this section
  before a matter in the proceeding becomes contested, 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.
         (d)  Notwithstanding any other law, a transfer of a contested
  matter in a probate proceeding to a district court under any
  authority other than the authority provided by this section:
               (1)  is disregarded for purposes of this section; and
               (2)  does not defeat the right of a party to the
  proceeding to have the matter assigned to a statutory probate court
  judge in accordance with this section.
         (e)  A statutory probate court judge assigned to a contested
  matter under this section has the jurisdiction and authority
  granted to a statutory probate court by this subtitle. On
  resolution of a contested matter for which a statutory probate
  court judge is assigned under this section, including any appeal of
  the matter, the statutory probate court judge shall return the
  matter to the county court for further proceedings not inconsistent
  with the orders of the statutory probate court or court of appeals,
  as applicable.
         (f)  A district court to which a contested matter is
  transferred under this section has the jurisdiction and authority
  granted to a statutory probate court by this subtitle. On
  resolution of a contested matter transferred to the district court
  under this section, including any appeal of the matter, the
  district court shall return the matter to the county court for
  further proceedings not inconsistent with the orders of the
  district court or court of appeals, as applicable.
         (g)  The county court shall continue to exercise
  jurisdiction over the management of the estate, other than a
  contested matter, until final disposition of the contested matter
  is made in accordance with this section. After a contested matter
  is transferred to a district court, any matter related to the
  probate proceeding may be brought in the district court. The
  district court in which a matter related to the probate proceeding
  is filed may, on its own motion or on the motion of any party, find
  that the matter is not a contested matter and transfer the matter to
  the county court with jurisdiction of the management of the estate.
         (h)  If a contested matter in a probate proceeding is
  transferred to a district court under this section, the district
  court has jurisdiction of any contested matter in the proceeding
  that is subsequently filed, and the county court shall transfer
  those contested matters to the district court.  If a statutory
  probate court judge is assigned under this section to hear a
  contested matter in a probate proceeding, the statutory probate
  court judge shall be assigned to hear any contested matter in the
  proceeding that is subsequently filed.
         (i)  The clerk of a district court to which a contested
  matter in a probate proceeding is transferred under this section
  may perform in relation to the contested matter any function a
  county clerk may perform with respect to that type of matter.
         Sec. 32.004.  JURISDICTION OF CONTESTED PROBATE PROCEEDING
  IN COUNTY WITH NO STATUTORY PROBATE COURT. (a)  In a county in
  which there is no statutory probate court, but in which there is a
  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 motion
  of any party to the proceeding, transfer the contested matter to the
  county court at law. In addition, the judge of the county court, on
  the judge's own motion or on the motion of a party to the
  proceeding, may transfer the entire proceeding to the county court
  at law.
         (b)  A county court at law to which a proceeding is
  transferred under this section may hear the proceeding as if
  originally filed in that court. If only a contested matter in the
  proceeding is transferred, on the resolution of the matter, the
  matter shall be returned to the county court for further
  proceedings not inconsistent with the orders of the county court at
  law.
         Sec. 32.005.  EXCLUSIVE JURISDICTION OF PROBATE PROCEEDING
  IN COUNTY WITH STATUTORY PROBATE COURT. (a)  In a county in which
  there is a statutory probate court, the statutory probate court has
  exclusive jurisdiction of all probate proceedings, regardless of
  whether contested or uncontested. A cause of action related to the
  probate proceeding must be brought in a statutory probate court
  unless the jurisdiction of the statutory probate court is
  concurrent with the jurisdiction of a district court as provided by
  Section 32.007 or with the jurisdiction of any other court.
         (b)  This section shall be construed in conjunction and in
  harmony with Section 145 and all other sections of this title
  relating to independent executors, but may not be construed to
  expand the court's control over an independent executor.
         Sec. 32.006.  JURISDICTION OF STATUTORY PROBATE COURT WITH
  RESPECT TO TRUSTS AND POWERS OF ATTORNEY. In a county in which
  there is a statutory probate court, the statutory probate court has
  jurisdiction of:
               (1)  an action by or against a trustee;
               (2)  an action involving an inter vivos trust,
  testamentary trust, or charitable trust;
               (3)  an action against an agent or former agent under a
  power of attorney arising out of the agent's performance of the
  duties of an agent; and
               (4)  an action to determine the validity of a power of
  attorney or to determine an agent's rights, powers, or duties under
  a power of attorney.
         Sec. 32.007.  CONCURRENT JURISDICTION WITH DISTRICT COURT.
  A statutory probate court has concurrent jurisdiction with the
  district court in:
               (1)  a personal injury, survival, or wrongful death
  action by or against a person in the person's capacity as a personal
  representative;
               (2)  an action by or against a trustee;
               (3)  an action involving an inter vivos trust,
  testamentary trust, or charitable trust;
               (4)  an action involving a personal representative of
  an estate in which each other party aligned with the personal
  representative is not an interested person in that estate;
               (5)  an action against an agent or former agent under a
  power of attorney arising out of the agent's performance of the
  duties of an agent; and
               (6)  an action to determine the validity of a power of
  attorney or to determine an agent's rights, powers, or duties under
  a power of attorney.
         (b)  Sections 4A, 4B, 4C, 4D, 4E, 4F, 4G, and 4H, Texas
  Probate Code, as added by Section 12 of this Act, are repealed.
         (c)  Except as otherwise provided by this subsection, this
  section takes effect January 1, 2014.  The changes in law made by
  this section take effect only if H.B. No. 2502, Acts of the 81st
  Legislature, Regular Session, 2009, is enacted and becomes law. If
  that bill does not become law, this section has no effect.
         SECTION 14.  Except as otherwise provided by this Act, the
  changes in law made by this Act apply only to an action filed on or
  after the effective date of this Act. An action filed before the
  effective date of this Act is governed by the law applicable to the
  action immediately before the effective date of this Act, and the
  former law is continued in effect for that purpose.
         SECTION 15.  Except as otherwise provided by this Act, this
  Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 408 passed the Senate on
  April 2, 2009, by the following vote:  Yeas 31, Nays 0;
  May 28, 2009, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 29, 2009, House
  granted request of the Senate; June 1, 2009, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 408 passed the House, with
  amendments, on May 20, 2009, by the following vote:  Yeas 139,
  Nays 0, one present not voting; May 29, 2009, House granted request
  of the Senate for appointment of Conference Committee;
  May 31, 2009, House adopted Conference Committee Report by the
  following vote:  Yeas 146, Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor