| |
|
| |
|
|
By: Metcalf (Senate Sponsor - Creighton) |
H.B. No. 1297 |
|
|
(In the Senate - Received from the House April 12, 2021; |
|
|
April 19, 2021, read first time and referred to Committee on |
|
|
Jurisprudence; May 14, 2021, reported favorably by the following |
|
|
vote: Yeas 4, Nays 0; May 14, 2021, sent to printer.) |
| Click here to see the committee vote |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to service of process on institutions and organizations in |
|
|
certain probate proceedings. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 55.053, Estates Code, is amended to read |
|
|
as follows: |
|
|
Sec. 55.053. SERVICE OF PROCESS. (a) For a will contest, |
|
|
the party contesting the will [The court] shall serve an |
|
|
institution or organization that is a necessary party to the |
|
|
contest under Section 55.052 in the manner provided by this title |
|
|
for service on other parties. |
|
|
(b) For a will construction suit, the party bringing the |
|
|
suit shall serve an institution or organization that is a necessary |
|
|
party to the suit under Section 55.052 in the manner provided by |
|
|
this title for service on other parties. |
|
|
SECTION 2. Section 55.053, Estates Code, as amended by this |
|
|
Act, applies only to a will contest or will construction suit that |
|
|
is instituted on or after the effective date of this Act. A will |
|
|
contest or will construction suit that was instituted before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the contest or suit was instituted, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2021. |
|
|
|
|
|
* * * * * |