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AN ACT
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relating to service of process on institutions and organizations in |
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certain probate proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 55.053, Estates Code, is amended to read |
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as follows: |
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Sec. 55.053. SERVICE OF PROCESS. (a) For a will contest, |
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the party contesting the will [The court] shall serve an |
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institution or organization that is a necessary party to the |
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contest under Section 55.052 in the manner provided by this title |
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for service on other parties. |
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(b) For a will construction suit, the party bringing the |
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suit shall serve an institution or organization that is a necessary |
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party to the suit under Section 55.052 in the manner provided by |
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this title for service on other parties. |
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SECTION 2. Section 55.053, Estates Code, as amended by this |
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Act, applies only to a will contest or will construction suit that |
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is instituted on or after the effective date of this Act. A will |
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contest or will construction suit that was instituted before the |
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effective date of this Act is governed by the law in effect on the |
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date the contest or suit was instituted, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1297 was passed by the House on April |
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9, 2021, by the following vote: Yeas 143, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1297 was passed by the Senate on May |
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19, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |