1-1  By:  Shelley                                           S.B. No. 479
    1-2        (In the Senate - Filed February 25, 1993; March 1, 1993, read
    1-3  first time and referred to Committee on Jurisprudence;
    1-4  April 6, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 6, Nays 0; April 6, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Henderson          x                               
   1-10        Harris of Tarrant  x                               
   1-11        Brown              x                               
   1-12        Harris of Dallas                               x   
   1-13        Luna               x                               
   1-14        Parker             x                               
   1-15        West               x                               
   1-16  COMMITTEE SUBSTITUTE FOR S.B. No. 479        By:  Harris of Tarrant
   1-17                         A BILL TO BE ENTITLED
   1-18                                AN ACT
   1-19  relating to the guardianship of a person or an estate, informal
   1-20  probate of wills, informal distribution of estates, emergency
   1-21  payment of burial expenses, and protection of a decedent's personal
   1-22  property; creating the offense of interference with service of
   1-23  citation on a proposed ward and providing a penalty.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  Section 127A, Texas Probate Code, is amended to
   1-26  read as follows:
   1-27        Sec. 127A.  GUARDIANSHIP OF MISSING PERSON <MISSING ON PUBLIC
   1-28  SERVICE>.  (a)  Not less than six months after a person is reported
   1-29  by an executive department of the United States to be a prisoner of
   1-30  war or missing on the public service of the United States, any
   1-31  person may file a written application for the appointment of a
   1-32  guardian of the person of the missing person in the court of the
   1-33  county of residence of the missing person's spouse or, if there is
   1-34  no spouse, in the county of residence of a parent or child of the
   1-35  missing person, or if there is no parent or child, in the county of
   1-36  residence of the missing person's next of kin.
   1-37        (b)  If a person is discovered to be missing and there is
   1-38  good cause, as evidenced by a police or other law enforcement
   1-39  agency report or by testimony in open court by a peace officer, to
   1-40  believe that the person is a victim of violence, any person may
   1-41  file a written application for appointment of a temporary guardian
   1-42  of the estate of the missing person.
   1-43        (c)  An <The> application under this section shall state:
   1-44              (1)  the name, sex, and last known residence of the
   1-45  person for whom the appointment of a guardian is sought;
   1-46              (2)  in the case of a person reported missing under
   1-47  Subsection (a) of this section, the executive department issuing
   1-48  the report, the date of the report, and the last known whereabouts
   1-49  of the missing person;
   1-50              (3)  the names and addresses of the missing person's
   1-51  spouse, children, and parents or, if there is no spouse, child, or
   1-52  parent, the name and address of the person's next of kin and facts
   1-53  that show that the court has venue of the proceeding;
   1-54              (4)  the reason for the appointment and the interest of
   1-55  the applicant in the appointment; and
   1-56              (5)  the name, relationship, and address of the person
   1-57  whom the applicant desires to have appointed as guardian.
   1-58        (d) <(c)>  The court shall appoint an attorney to represent
   1-59  the interests of the missing person and shall allow the attorney a
   1-60  reasonable fee, not to exceed $25, for his services to be taxed as
   1-61  part of the costs.
   1-62        (e) <(d)>  The attorney appointed to represent the interests
   1-63  <interest> of the missing person shall be personally served with
   1-64  citation to appear and answer the application for the appointment
   1-65  of a guardian.  The clerk of the court shall issue a notice setting
   1-66  forth that an application has been filed for the guardianship of
   1-67  the person or of the estate of the missing person and by whom the
   1-68  application is made.  The notice shall cite all persons interested
    2-1  in the welfare of that person to appear at the time and place
    2-2  stated in the notice and contest the application, if they so
    2-3  desire.  The notice shall be served by posting, and the sheriff or
    2-4  other officer posting the notice shall return the original, signed
    2-5  officially, stating thereon in writing the time and place that he
    2-6  posted the copy of the notice.  In addition to posting the notice,
    2-7  a copy of the notice shall be mailed by registered or certified
    2-8  mail to the spouse, to each child, to each parent of the missing
    2-9  person, and to any other person that the court deems appropriate.
   2-10        (f) <(e)>  Any person has the right to appear and contest the
   2-11  appointment of a particular person as guardian of the missing
   2-12  person or of the estate of the missing person, or to contest any
   2-13  guardianship proceeding which he deems to be injurious to the
   2-14  missing person or to the estate of the missing person, or to
   2-15  commence a guardianship proceeding which he deems beneficial to the
   2-16  missing person or to the estate of the missing person.
   2-17        (g) <(f)>  Before appointing a guardian, the court must find:
   2-18              (1)  in the case of a person reported missing under
   2-19  Subsection (a) of this section, that the person has been reported
   2-20  missing by an executive department of the United States and still
   2-21  is missing;
   2-22              (2)  that the court has venue of the proceeding and
   2-23  that there is not an existing guardianship of this person or of the
   2-24  estate of the person;
   2-25              (3)  that the person applying for appointment as the
   2-26  guardian is a proper person to act as the guardian; <and>
   2-27              (4)  in the case of a person missing under Subsection
   2-28  (b) of this section, that the person applying for appointment as
   2-29  guardian has not been and is not presently under investigation by a
   2-30  police or law enforcement agency in connection with the
   2-31  disappearance of the missing person; and
   2-32              (5)  that the rights of the missing person or the
   2-33  interests of the missing person's estate will be protected by the
   2-34  appointment of the guardian.
   2-35        (h)(1)  A temporary guardian appointed for a person missing
   2-36  under Subsection (b) of this section must post a bond as required
   2-37  for a temporary guardian of any other ward.  The temporary guardian
   2-38  has the same authority to handle the affairs of the missing person
   2-39  under court supervision as a temporary guardian has for any other
   2-40  ward.
   2-41              (2)  A temporary guardianship under this subsection
   2-42  continues until the:
   2-43                    (A)  death of the missing person is confirmed;
   2-44                    (B)  missing person is declared legally dead
   2-45  under applicable statutes;
   2-46                    (C)  missing person returns;
   2-47                    (D)  whereabouts of the missing person is
   2-48  determined; or
   2-49                    (E)  guardianship is no longer necessary for any
   2-50  other reason.
   2-51        (i) <(g)>  After the hearing, the court shall dismiss the
   2-52  application or enter an order appointing a guardian to protect the
   2-53  rights of the missing person or the interests of the missing
   2-54  person's estate and may impose in the order any conditions or
   2-55  restrictions it deems necessary to protect the rights of the
   2-56  missing person or the interests of the missing person's estate.  In
   2-57  appointing the guardian, the court shall give preference to the
   2-58  spouse of the missing person, and if there is no spouse shall give
   2-59  preference to parents and children of the missing person.
   2-60        (j) <(h)>  The jurisdiction of the court over the
   2-61  guardianship is continuing.  If the missing person returns or, in
   2-62  the case of a temporary guardianship under Subsection (h) of this
   2-63  section, if any of the events listed in Subsection (h)(2) of this
   2-64  section occur, on motion of any interested person after a notice,
   2-65  stating that the motion has been filed and specifying the date of a
   2-66  hearing, has been issued and served on the formerly missing person
   2-67  as in other cases, the court shall amend or vacate the original
   2-68  order of guardianship.  A copy of the motion shall accompany the
   2-69  notice.
   2-70        SECTION 2.  Subsection (c), Section 130, Texas Probate Code,
    3-1  is amended to read as follows:
    3-2        (c)  Service of Citation.  (1)  Except as hereinafter
    3-3  provided, minors who have attained the age of fourteen years,
    3-4  persons alleged to be of unsound mind or habitual drunkards, and
    3-5  persons for whom it is alleged to be necessary to have a guardian
    3-6  appointed to receive funds from any governmental source or agency
    3-7  shall be personally served with citation to appear and answer the
    3-8  application for the appointment of a guardian.
    3-9              (2)  If a court finds that any person is interfering
   3-10  with the personal service of a citation under this subsection, the
   3-11  court may order a sheriff or constable to use reasonable force to
   3-12  prevent the person from interfering with the service of the
   3-13  citation.
   3-14        SECTION 3.  Section 157, Texas Probate Code, is amended to
   3-15  read as follows:
   3-16        Sec. 157.  When Spouse Incompetent.  Whenever a husband or
   3-17  wife is judicially declared to be incompetent, the other spouse, in
   3-18  the capacity of surviving partner of the marital partnership,
   3-19  thereupon acquires full power to manage, control, and dispose of
   3-20  the entire community estate, including the part which the
   3-21  incompetent spouse would legally have power to manage in the
   3-22  absence of such incompetency, and no administration, community or
   3-23  otherwise, shall be necessary if the court finds that it is in the
   3-24  best interest of the incompetent spouse not to require
   3-25  administration of the estate and that the competent spouse is not
   3-26  disqualified under Section 110 of this code to serve as guardian.
   3-27  Guardianship of the estate of the incompetent spouse shall not be
   3-28  necessary when the other spouse is competent and the court finds
   3-29  that it is in the best interest of the incompetent spouse not to
   3-30  require a guardianship of the estate and that the competent spouse
   3-31  is not disqualified under Section 110 of this code to serve as
   3-32  guardian unless the incompetent spouse owns separate property, and
   3-33  then as to such separate property only.  The qualification of a
   3-34  guardian of the separate estate of an incompetent spouse does not
   3-35  deprive the competent spouse of the right to manage, control, and
   3-36  dispose of the entire community estate as provided in this code
   3-37  <Code>.
   3-38        SECTION 4.  Section 245, Texas Probate Code, is amended to
   3-39  read as follows:
   3-40        Sec. 245.  WHEN COSTS ARE ADJUDGED AGAINST REPRESENTATIVE.
   3-41  (a)  When the personal representative of an estate or person
   3-42  neglects the performance of any duty required of him, and any costs
   3-43  are incurred thereby, or if he is removed for cause, he and the
   3-44  sureties on his bond shall be liable for costs of removal and other
   3-45  additional costs incurred that are not authorized expenditures, as
   3-46  defined by this code, and for reasonable attorney's fees incurred
   3-47  in removing him and in obtaining his compliance regarding any
   3-48  statutory duty he has neglected.
   3-49        (b)  If the personal representative is a guardian of an
   3-50  estate and  a court finds that the attorney advising the guardian
   3-51  has been grossly negligent in the performance of the attorney's
   3-52  duties to the guardian, the court may equitably apportion the costs
   3-53  described by Subsection (a) of this section between:
   3-54              (1)  the attorney advising the guardian; and
   3-55              (2)  the guardian and the sureties on the guardian's
   3-56  bond.
   3-57        SECTION 5.  Subsection (a), Section 399, Texas Probate Code,
   3-58  is amended to read as follows:
   3-59        (a)  Estates of Decedents and Wards Being Administered Under
   3-60  Order of Court.  The personal representative of the estate of a
   3-61  decedent or ward being administered under order of court shall,
   3-62  upon the expiration of twelve (12) months from the date of
   3-63  qualification and receipt of letters, return to the court an
   3-64  exhibit in writing under oath setting forth a list of all claims
   3-65  against the estate that were presented to him within the period
   3-66  covered by the account, specifying which have been allowed by him,
   3-67  which have been paid, which have been rejected and the date when
   3-68  rejected, which have been sued upon, and the condition of the suit,
   3-69  and show:
   3-70              (1)  All property that has come to his knowledge or
    4-1  into his possession not previously listed or inventoried as
    4-2  property of the estate or ward, as the case may be.
    4-3              (2)  Any changes in the property of the estate or ward
    4-4  which have not been previously reported.
    4-5              (3)  A complete account of receipts and disbursements
    4-6  for the period covered by the account, and the source and nature
    4-7  thereof, with receipts of principal and income to be shown
    4-8  separately.
    4-9              (4)  A complete, accurate and detailed description of
   4-10  the property being administered, the condition of the property and
   4-11  the use being made thereof, and, if rented, the terms upon and the
   4-12  price for which rented.
   4-13              (5)  The cash balance on hand and the name and location
   4-14  of the depository wherein such balance is kept; also, any other
   4-15  sums of cash in savings accounts or other form, deposited subject
   4-16  to court order, and the name and location of the depository
   4-17  thereof.
   4-18              (6)  A detailed description of personal property of the
   4-19  estate, which shall, with respect to bonds, notes, and other
   4-20  securities, include the names of obligor and obligee, or if payable
   4-21  to bearer, so state; the date of issue and maturity; the rate of
   4-22  interest; serial or other identifying numbers; in what manner the
   4-23  property is secured; and other data necessary to identify the same
   4-24  fully, and how and where held for safekeeping.
   4-25              (7)  A statement that, during the period covered by the
   4-26  account, all tax returns due have been filed and that all taxes due
   4-27  and owing have been paid and a complete account of the amount of
   4-28  the taxes, the date the taxes were paid, and the governmental
   4-29  entity to which the taxes were paid.
   4-30              (8)  If any tax return due to be filed or any taxes due
   4-31  to be paid are delinquent on the filing of the account, a detailed
   4-32  description of the delinquency and the reasons for the delinquency.
   4-33        SECTION 6.  Subsection (a), Section 404, Texas Probate Code,
   4-34  is amended to read as follows:
   4-35        (a)  Administration of the estates of decedents and
   4-36  guardianship of the persons and estates of wards shall be settled
   4-37  and closed:
   4-38              (1)  when all the debts known to exist against the
   4-39  estate of a deceased person have been paid, or when they have been
   4-40  paid so far as the assets in the hands of an administrator or
   4-41  executor of such estate will permit, and when there is no further
   4-42  need for administration;
   4-43              (2)  when a minor ward dies, or becomes an adult by
   4-44  becoming eighteen years of age, or by removal of disabilities of
   4-45  minority according to the law of this state, or by marriage, or
   4-46  when the necessity for guardianship no longer exists for other
   4-47  reasons;
   4-48              (3)  when an incompetent ward dies, or is decreed as
   4-49  provided by law to have been restored to sound mind or sober
   4-50  habits, or, being married, when his or her spouse has qualified as
   4-51  survivor in community;
   4-52              (4)  when a ward entitled to funds from a governmental
   4-53  source dies, or when the court finds that the necessity for the
   4-54  guardianship of that person has ended;
   4-55              (5)  when the estate of a ward becomes exhausted; or
   4-56              (6)  when the foreseeable income accruing to a ward or
   4-57  to his estate is so negligible that maintaining the guardianship in
   4-58  force would be burdensome.
   4-59        SECTION 7.  Section 405, Texas Probate Code, is amended to
   4-60  read as follows:
   4-61        Sec. 405.  Account for Final Settlement of Estates of
   4-62  Decedents and Persons and Estates of Wards.  When administration of
   4-63  the estate of a decedent, or guardianship of person or estate, or
   4-64  of the person and estate of a ward, is to be settled and closed,
   4-65  the personal representative of such estate or of such ward shall
   4-66  present to the court his verified account for final settlement.  In
   4-67  such account it shall be sufficient to refer to the inventory
   4-68  without describing each item of property in detail, and to refer to
   4-69  and adopt any and all proceedings had in the administration or
   4-70  guardianship, as the case may be, concerning sales, renting or
    5-1  hiring, leasing for mineral development, or any other transactions
    5-2  on behalf of the estate or of the ward, as the case may be,
    5-3  including exhibits, accounts, and vouchers previously filed and
    5-4  approved, without restating the particular items thereof.  Each
    5-5  final account, however, shall be accompanied by proper vouchers in
    5-6  support of each item thereof not already accounted for and shall
    5-7  show, either by reference to any proceedings authorized above or by
    5-8  statement of the facts:
    5-9              (a)  As to Estates of Decedents.
   5-10                    1.  The property belonging to the estate which
   5-11  has come into the hands of the executor or administrator.
   5-12                    2.  The disposition that has been made of such
   5-13  property.
   5-14                    3.  The debts that have been paid.
   5-15                    4.  The debts and expenses, if any, still owing
   5-16  by the estate.
   5-17                    5.  The property of the estate, if any, still
   5-18  remaining on hand.
   5-19                    6.  The persons entitled to receive such estate,
   5-20  their relationship to the decedent, and their residence, if known,
   5-21  and whether adults or minors, and, if minors, the names of their
   5-22  guardians, if any.
   5-23                    7.  All advancements or payments that have been
   5-24  made, if any, by the executor or administrator from such estate to
   5-25  any such person.
   5-26                    8.  The tax returns due that have been filed and
   5-27  the taxes due and owing that have been paid and a complete account
   5-28  of the amount of taxes, the date the taxes were paid, and the
   5-29  governmental entity to which the taxes were paid.
   5-30                    9.  If any tax return due to be filed or any
   5-31  taxes due to be paid are delinquent on the filing of the account, a
   5-32  detailed description of the delinquency and the reasons for the
   5-33  delinquency.
   5-34              (b)  As to Estates of Wards.
   5-35                    1.  The property, rents, revenues, and profits
   5-36  received by the guardian, and belonging to his ward, during his
   5-37  guardianship.
   5-38                    2.  The disposition made of such property, rents,
   5-39  revenues, and profits.
   5-40                    3.  The expenses and debts, if any, against the
   5-41  estate remaining unpaid.
   5-42                    4.  The tax returns due that have been filed and
   5-43  the taxes due and owing that have been paid and a complete account
   5-44  of the amount of taxes, the date the taxes were paid, and the
   5-45  governmental entity to which the taxes were paid.
   5-46                    5.  If any tax return due to be filed or any
   5-47  taxes due to be paid are delinquent on the filing of the account of
   5-48  taxes paid, a detailed description of the delinquency and the
   5-49  reasons for the delinquency.
   5-50                    6.  The property of the estate remaining in the
   5-51  hands of such guardian, if any.
   5-52                    7. <5.>  Such other facts as appear necessary to
   5-53  a full and definite understanding of the exact condition of the
   5-54  guardianship.
   5-55        SECTION 8.  Chapter 38, Penal Code, is amended by adding
   5-56  Section 38.19 to read as follows:
   5-57        Sec. 38.19.  INTERFERENCE WITH SERVICE OF CITATION ON
   5-58  PROPOSED WARD.  (a)  In this section, "conspires to commit" has the
   5-59  meaning assigned by Section 71.01(b) of this code.
   5-60        (b)  A person commits an offense if the person:
   5-61              (1)  intentionally interferes with the service of
   5-62  personal citation on a proposed ward in a guardianship proceeding;
   5-63  or
   5-64              (2)  conspires to commit an offense under this section.
   5-65        (c)  An offense under this section is a Class A misdemeanor.
   5-66        SECTION 9.  The Texas Probate Code is amended by adding
   5-67  Chapter XII to read as follows:
   5-68                    CHAPTER XII.  INFORMAL PROBATE
   5-69    PART 1.  INFORMAL PROBATE WITH AND WITHOUT ISSUANCE OF LETTERS
   5-70        Sec. 501.  TIME TO FILE APPLICATION FOR INFORMAL PROBATE.
    6-1  (a)  An applicant may file an application for the informal probate
    6-2  of a will with the court clerk not earlier than the 30th day after
    6-3  the date of the testator's death.
    6-4        (b)  A will may not be admitted for informal probate after
    6-5  the fourth anniversary of the date of the testator's death unless
    6-6  the applicant shows that the applicant was not aware of the will's
    6-7  existence and did not cause the failure to timely file the will for
    6-8  probate.
    6-9        Sec. 502.  ELIGIBLE APPLICANTS FOR INFORMAL PROBATE; VENUE.
   6-10  (a)  An executor, alternate, devisee, or legatee named in a will
   6-11  may make an application for the informal probate of the will.
   6-12        (b)  The applicant may file the application in the county in
   6-13  which the testator was domiciled on the date of death or in the
   6-14  county in which the estate assets are located.
   6-15        Sec. 503.  REQUIREMENTS FOR INFORMAL PROBATE.  (a)  An
   6-16  applicant may file a will for informal probate with the court
   6-17  clerk:
   6-18              (1)  if:
   6-19                    (A)  all of the estate's known debts have been
   6-20  satisfied;
   6-21                    (B)  all existing and outstanding debts are
   6-22  secured on real or personal property through certificates of title
   6-23  or by Uniform Commercial Code filings; or
   6-24                    (C)  the applicant notifies all creditors of the
   6-25  estate by certified or registered mail of the filing; and
   6-26              (2)  if:
   6-27                    (A)  an application has not been filed and is not
   6-28  pending under Section 81, 82, 89, or 145 of this code; and
   6-29                    (B)  the applicant files an affidavit of a
   6-30  disinterested witness that contains the proof of facts required to
   6-31  probate a will under Sections 88(a) and (b) of this code.
   6-32        (b)  The applicant submits personally to the jurisdiction of
   6-33  the probate court in any proceeding for relief relating to the
   6-34  informal probate proceeding and distribution of assets and to the
   6-35  suit in the probate court for any actions taken while administering
   6-36  estate assets, including a civil action for perjury or fraud
   6-37  relating to the application.
   6-38        Sec. 504.  CONTENTS OF APPLICATION.  (a)  An application for
   6-39  informal probate of a will must be under oath and must establish:
   6-40              (1)  that 30 days have elapsed after the date of the
   6-41  testator's death;
   6-42              (2)  that all debts of the estate have been satisfied
   6-43  or are properly secured or all creditors have received notice of
   6-44  the application's filing;
   6-45              (3)  that the total gross fair market value of the
   6-46  estate, including  real and personal property but not including
   6-47  homestead or exempt property, did not exceed $50,000 on the date
   6-48  the application was prepared;
   6-49              (4)  that the court has venue;
   6-50              (5)  to the applicant's knowledge and belief, that the
   6-51  will being offered for informal probate has never been revoked; and
   6-52              (6)  to the applicant's knowledge and belief, that no
   6-53  person named in the will has objected to the offer of the will for
   6-54  informal probate.
   6-55        (b)  If the will is not available, the application must
   6-56  contain affidavits of the applicant and a disinterested person
   6-57  stating:
   6-58              (1)  the source of knowledge of the terms of the will;
   6-59              (2)  the reasons an original will is not available;
   6-60              (3)  the terms of the will;
   6-61              (4)  the date the will was executed; and
   6-62              (5)  the names of the witnesses to the execution of the
   6-63  will.
   6-64        (c)  The application must contain the social security number
   6-65  and present address of the applicant and the social security number
   6-66  and last known address of the testator.
   6-67        Sec. 505.  NOTICE.    (a)  Before filing an application for
   6-68  informal probate, the applicant shall give notice of the intent to
   6-69  file the application by certified or registered mail to all persons
   6-70  named in the will whose addresses are known or are reasonably
    7-1  ascertainable and to the decedent's surviving spouse and children
    7-2  and shall provide those persons a copy of the will.
    7-3        (b)  If a distributee named in the will is a minor or
    7-4  incompetent, the applicant shall notify the natural guardian of the
    7-5  minor or the guardian of the person of the incompetent distributee.
    7-6        (c)  The applicant shall file the return receipts or original
    7-7  returned notices with the application.
    7-8        (d)  Notice is not required under this section to a person
    7-9  who joins in the application for informal probate or to a person
   7-10  who waives notice if the person's sworn waiver of notice is filed
   7-11  with the application or is filed before the court considers the
   7-12  application.
   7-13        Sec. 506.  FILING OF WILL OR AFFIDAVIT; INVENTORY.  (a)  The
   7-14  applicant must file the will or an affidavit explaining the will's
   7-15  absence with the application.  The will remains in the custody of
   7-16  the court clerk unless removed by order of a proper court.
   7-17        (b)  The applicant shall prepare a sworn, full, and complete
   7-18  inventory of all assets required to be included in the testator's
   7-19  estate.  The applicant shall list all assets at the assets' fair
   7-20  market value at or about the time the application was prepared
   7-21  without reduction for any outstanding secured debts.  If the
   7-22  valuation of an asset is questioned, the court may, on its own
   7-23  motion or on request of an interested person, appoint an appraiser
   7-24  for the asset and order that the applicant deposit the cost of the
   7-25  appraisal in advance with the court clerk.  The applicant shall
   7-26  file the inventory with the application.  The inventory must:
   7-27              (1)  contain the information required by Sections 250
   7-28  and 251 of this code; and
   7-29              (2)  if the testator is survived by a spouse, identify
   7-30  the community assets and list the assets' one-half community value.
   7-31        (c)  The court clerk may not present the application to the
   7-32  judge of the court before the 11th day after the date the
   7-33  application is filed.  The court shall determine, in its
   7-34  discretion, whether the application meets the requirements for an
   7-35  application for informal probate and may admit the will for
   7-36  informal probate.
   7-37        (d)  If the court determines that the will is not admissible
   7-38  for informal probate, the denial is not a final adjudication of the
   7-39  validity of the will and does not preclude a subsequent application
   7-40  for probate of the will in a formal probate proceeding.
   7-41        Sec. 507.  LIMITED LETTERS TESTAMENTARY.  (a)  An executor,
   7-42  alternate, devisee, or legatee named in a will may request in an
   7-43  application for the informal probate of the will that the clerk of
   7-44  the probate court issue limited letters testamentary to the
   7-45  applicant for the purpose of transferring title to the assets or
   7-46  interests in the assets of the testator's estate, including any
   7-47  increases to the assets that accrued after the date of the
   7-48  testator's death and that are specifically identified and described
   7-49  in the inventory included in the application or any subsequently
   7-50  filed amended or supplemental inventory.
   7-51        (b)  The letters or a certified copy of the inventory
   7-52  attached to the letters must identify the assets subject to
   7-53  transfer under the letters.
   7-54        (c)  A transfer or an attempt to transfer title to assets of
   7-55  the estate not identified in the letters, including any increases
   7-56  to the assets that may have accrued after the date of the
   7-57  testator's death, is void.
   7-58        (d)  Limited letters are valid for one year after the date of
   7-59  the application's approval.
   7-60        (e)  The judge of the court that issued the original letters
   7-61  may order the issuance of additional letters.  The order for
   7-62  additional letters must contain the date that those letters expire.
   7-63  Additional letters are not renewable.
   7-64        Sec. 508.  REVIEW OF APPLICATION FOR INFORMAL PROBATE.
   7-65  (a)  The court in which an application for informal probate has
   7-66  been filed shall determine whether:
   7-67              (1)  the application is complete;
   7-68              (2)  the applicant has acknowledged that all statements
   7-69  of fact contained in the application are true and correct;
   7-70              (3)  the applicant is an executor, alternate, devisee,
    8-1  or legatee named in the will;
    8-2              (4)  venue is correct;
    8-3              (5)  an original, duly executed will or the affidavits
    8-4  required by Section 504 of this code are filed with the
    8-5  application;
    8-6              (6)  copies of required notices or waivers by persons
    8-7  named in the will and the surviving spouse, children, and creditors
    8-8  are attached to the application;
    8-9              (7)  an objection has not been made to the request for
   8-10  informal probate by any creditor or person named in the will;
   8-11              (8)  the time for applying for an informal probate has
   8-12  not expired;
   8-13              (9)  the application contains the required information;
   8-14  and
   8-15              (10)  an appraiser is necessary to determine the value
   8-16  of any asset.
   8-17        (b)  The court shall deny the application if:
   8-18              (1)  a personal representative has been appointed in
   8-19  another county;
   8-20              (2)  except as provided by Subsection (d) of this
   8-21  section, this or another will of the decedent has been the subject
   8-22  of a previous probate order in this state; or
   8-23              (3)  the court, in its discretion, determines formal
   8-24  probate is necessary.
   8-25        (c)  The court may probate a will that is a self-proved will
   8-26  under Section 59 of this code without further proof.  If the will
   8-27  is not self-proving under Section 59 of this code, the court may,
   8-28  in the absence of an objection, presume compliance with Section 59
   8-29  of this code if the will is filed with a sworn statement or
   8-30  affidavit of a person having personal knowledge of the
   8-31  circumstances of the execution of the will, whether or not the
   8-32  person was a witness to the will.
   8-33        (d)  A court may informally probate at any time a will that
   8-34  has been probated by the court of another state on the written
   8-35  application of a representative, devisee, or legatee named in the
   8-36  will.  The applicant shall file an authenticated copy of the will
   8-37  and foreign proceedings in place of the original will.
   8-38        Sec. 509.  EFFECT OF INFORMAL PROBATE.  (a)  A person who
   8-39  makes a payment or transfers property under the terms of a will
   8-40  admitted to informal probate or under limited letters is released
   8-41  from liability or responsibility to the same extent as if the
   8-42  payment or transfer had been made to the personal representative of
   8-43  an estate.  The person is not required to see the application for
   8-44  informal probate or to inquire into the truth of any statement
   8-45  contained in the application for informal probate.  The person to
   8-46  whom the ultimate payment or transfer of an asset is made under the
   8-47  terms of the will is responsible for the asset and is liable to a
   8-48  personal representative, a creditor of the testator, or any person
   8-49  having a superior right or claim of possession or ownership to the
   8-50  asset.
   8-51        (b)  A representative or beneficiary under an informally
   8-52  probated will who acquires property under the will may be liable to
   8-53  the extent of the value of the property actually acquired to a
   8-54  person or creditor of the estate with a superior right or claim to
   8-55  the property for damages caused by the transfer of the property to
   8-56  the representative or beneficiary under the terms of the will.
   8-57        (c)  If a person who is entitled to property of the estate,
   8-58  including the representative, a creditor, a beneficiary, or a
   8-59  guardian, makes a written demand by certified or registered mail
   8-60  containing a certified copy of the probated will and order
   8-61  admitting the will or limited letters to a person in possession of
   8-62  estate property and the person refuses or fails to deliver or
   8-63  transfer the property before the 31st day after the date of the
   8-64  demand, the person who is entitled to the property may file a show
   8-65  cause action in the court that probated the will to recover the
   8-66  property.  The person entitled to the property may recover the fair
   8-67  market value of the property, reasonable damages for the loss of
   8-68  use of the property, reasonable attorney fees, and costs of court.
   8-69        (d)  If a beneficiary under a will is a minor or an
   8-70  incompetent without a guardian of the minor's or incompetent's
    9-1  estate, all cash, stocks, bonds, or personal property that can be
    9-2  converted to cash to which the beneficiary is entitled may not be
    9-3  distributed to the natural guardian or guardian of the person.  The
    9-4  representative of the estate shall convert the assets to cash and
    9-5  deposit the cash in the court registry until a legal guardian of an
    9-6  estate is appointed or shall deposit the cash as provided by
    9-7  Section 144 of this code for the benefit of the ward.
    9-8        Sec. 510.  TIME TO CONTEST VALIDITY OF WILL.  (a)  Except as
    9-9  provided by Subsection (b) or (c) of this section, an interested
   9-10  person may file suit to contest the validity of a will admitted to
   9-11  informal probate not later than two years after the date the will
   9-12  was admitted.
   9-13        (b)  An interested person may institute suit to contest the
   9-14  validity of a will admitted to informal probate for forgery or
   9-15  other fraud not later than two years after the date the forgery or
   9-16  fraud is discovered.
   9-17        (c)  A minor or incompetent person may file suit to contest
   9-18  the validity of a will admitted to informal probate not later than
   9-19  two years after the date the disabilities of the minor or
   9-20  incompetent are removed.
   9-21                PART 2.  INFORMAL PROBATE WITHOUT WILL
   9-22        Sec. 520.  TIME TO FILE INFORMAL DISTRIBUTION APPLICATION.
   9-23  (a)  Except as provided by Subsection (b) of this section, if a
   9-24  decedent dies without a will, the distributees of a decedent may
   9-25  file an application requesting informal distribution of the
   9-26  decedent's estate with the court clerk not earlier than the 30th
   9-27  day after the date of the decedent's death.
   9-28        (b)  The distributees may request informal distribution at
   9-29  any time if the distributees can show:
   9-30              (1)  a necessity to receive or recover funds or other
   9-31  property in this state that were due or owned by the decedent at
   9-32  the time of death; and
   9-33              (2)  the distributees' actions were not the cause for
   9-34  any unreasonable delay in filing the request.
   9-35        Sec. 521.  ELIGIBLE APPLICANTS.  (a)  Except as provided by
   9-36  Subsection (b) of this section, all persons entitled to receive the
   9-37  decedent's property under Section 38 of this code shall join in the
   9-38  application for informal distribution of the estate.
   9-39        (b)  If the decedent is survived by a spouse or adult
   9-40  children and only community assets exist, the surviving spouse is
   9-41  not required to join in the application.  If the spouse has not
   9-42  joined in the application, the distributees shall notify the spouse
   9-43  by certified or registered mail of the distributees' intention to
   9-44  file the application.  The distributees shall attach proof of the
   9-45  notice to the application before filing.
   9-46        (c)  If a distributee of the decedent's estate is a minor or
   9-47  incompetent, the natural guardian of the minor or the legal
   9-48  guardian of the person or of an incompetent distributee must join
   9-49  in the application.
   9-50        Sec. 522.  REQUIREMENTS FOR INFORMAL DISTRIBUTION.  (a)  The
   9-51  distributees may file an application for informal distribution only
   9-52  if:
   9-53              (1)  all of the estate's known debts have been
   9-54  satisfied;
   9-55              (2)  all existing and outstanding debts against the
   9-56  estate are secured on real or personal property through
   9-57  certificates of title or by Uniform Commercial Code filings; or
   9-58              (3)  all known or ascertainable creditors have been
   9-59  provided notice by certified or registered mail of the
   9-60  distributees' intention to file the application and have not filed
   9-61  an objection not later than the fifth day after the date of receipt
   9-62  of notice.
   9-63        (b)  The distributees shall file all return receipts of
   9-64  notices with the application.
   9-65        (c)  The court clerk may accept the application for filing
   9-66  if:
   9-67              (1)  an application has not been filed under Section 82
   9-68  or 162 of this code; and
   9-69              (2)  a proceeding to determine heirship has not been
   9-70  instituted under Section 48 of this code in this state.
   10-1        (d)  The distributees submit personally to the jurisdiction
   10-2  of the probate court in any proceeding for relief relating to the
   10-3  distribution of assets and to suit in the probate court for any
   10-4  actions taken in the collection of assets, including civil actions
   10-5  for perjury or fraud relating to the application.
   10-6        Sec. 523.  CONTENTS OF APPLICATION.  (a)  An application for
   10-7  informal distribution must be under oath and must establish that:
   10-8              (1)  30 days have elapsed after the date of death of
   10-9  the decedent;
  10-10              (2)  the gross fair market value of the decedent's
  10-11  estate, including real and personal property but not including
  10-12  homestead or exempt property, did not exceed $50,000 on the date
  10-13  the application was prepared;
  10-14              (3)  venue is proper in the court because the decedent
  10-15  was domiciled in or the estate's principal assets are located in
  10-16  the county in which the application is filed;
  10-17              (4)  another proceeding for disposition of the
  10-18  decedent's assets has not been instituted in any other county of
  10-19  this state or in a foreign jurisdiction; and
  10-20              (5)  all known or reasonably ascertained creditors of
  10-21  the decedent have been notified of this proceeding.
  10-22        (b)  The application must contain:
  10-23              (1)  the social security number and current address of
  10-24  each distributee and the social security number and last known
  10-25  address of the decedent; and
  10-26              (2)  the sworn statements of two disinterested
  10-27  witnesses who were well acquainted with the decedent stating the
  10-28  decedent's family history and identifying the decedent's heirs.
  10-29        Sec. 524.  NOTICE TO CREDITORS; ESTATE DEBTS.  (a)  Except as
  10-30  provided by Subsection (b) of this section, the distributees shall
  10-31  provide by certified or registered mail a copy of the proposed
  10-32  application for informal distribution to all unsecured creditors of
  10-33  the estate whose addresses are known or are reasonably
  10-34  ascertainable by due diligence.  The distributees shall attach
  10-35  return receipts or original returned notices to the application
  10-36  before filing.
  10-37        (b)  Notice to an unsecured creditor is not required if a
  10-38  distributee pays the debt owed to the creditor before filing the
  10-39  application or if a distributee assumes personal liability for the
  10-40  debt.
  10-41        (c)  The distributee shall file evidence of payment or
  10-42  assumption of the debt with the application.
  10-43        (d)  If a distributee has paid or assumed a debt of the
  10-44  estate, the distributee may obtain reimbursement from any
  10-45  unencumbered estate assets up to the amount of the paid or assumed
  10-46  debts.
  10-47        Sec. 525.  INVENTORY; APPRAISAL.  (a)  The application must
  10-48  contain an inventory and list of claims as described by Sections
  10-49  250 and 251 of this code.
  10-50        (b)  Assets must be listed at the assets' fair market value
  10-51  at or about the time the application was prepared without reduction
  10-52  for any outstanding secured debts.
  10-53        (c)  If the valuation of an asset is questioned by an
  10-54  interested person or the court, the court may, on its own motion or
  10-55  on request of an interested person, appoint an appraiser for the
  10-56  asset and order the distributees to deposit equal shares of the
  10-57  cost of the appraisal in advance with the court clerk.
  10-58        Sec. 526.  PROCEDURES FOR INFORMAL DISTRIBUTION.  (a)  The
  10-59  distributees shall prepare a sworn, full, and complete inventory of
  10-60  all assets of the decedent's estate that are required to be
  10-61  included in the decedent's estate or that came to the distributees'
  10-62  possession or knowledge.  The distributees shall file the inventory
  10-63  with the application.  The inventory must:
  10-64              (1)  contain the information required by Sections 250
  10-65  and 251 of this code; and
  10-66              (2)  if the decedent is survived by a spouse, identify
  10-67  the community assets and list the assets' one-half community value.
  10-68        (b)  The court clerk may not present the application to the
  10-69  judge of the court before the 11th day after the date the
  10-70  application is filed.  The court, in its discretion, shall
   11-1  determine whether the application meets the requirements of this
   11-2  section and Sections 520 through 525 of this code and may accept
   11-3  the application for informal distribution.
   11-4        (c)  If the court does not accept the application for
   11-5  informal distribution, the denial does not preclude a subsequent
   11-6  application for an intestate probate proceeding.
   11-7        Sec. 527.  REVIEW OF APPLICATION FOR INFORMAL DISTRIBUTION.
   11-8  (a)  The court in which the application for informal distribution
   11-9  has been filed shall determine whether:
  11-10              (1)  all heirs of the decedent have joined in the
  11-11  application;
  11-12              (2)  all creditors of the decedent have been notified
  11-13  of the filing of the application or debts have been paid or
  11-14  assumed;
  11-15              (3)  the application is properly sworn to by all
  11-16  parties and witnesses;
  11-17              (4)  an objection to the application has been filed;
  11-18              (5)  venue is proper;
  11-19              (6)  adequate information has been provided to
  11-20  establish the heirship of the decedent's heirs;
  11-21              (7)  the assets of the decedent do not exceed $50,000,
  11-22  not including homestead and exempt property; and
  11-23              (8)  an appraiser is necessary to determine the value
  11-24  of any asset.
  11-25        (b)  The court shall deny the application if:
  11-26              (1)  a personal representative has been appointed in
  11-27  another county;
  11-28              (2)  a will has been admitted to probate in this or in
  11-29  a foreign jurisdiction;
  11-30              (3)  a will exists and has not been offered for
  11-31  probate; or
  11-32              (4)  an heirship proceeding has been instituted under
  11-33  Section 48 of this code.
  11-34        (c)  If the heirship testimony furnished is in dispute or
  11-35  ambiguous, the court, in its discretion, may deny the application
  11-36  and require the appointment of an administrator or institution of
  11-37  formal heirship proceedings.
  11-38        (d)  If an objection is filed by an heir or creditor, the
  11-39  court shall deny the application.
  11-40        (e)  If the debts of the decedent exceed the value of the
  11-41  assets, the court shall deny the application.
  11-42        (f)  A transfer of or an attempt to transfer title to any
  11-43  property or interest in assets of the estate or any increases to
  11-44  estate assets not identified in the inventory filed with the
  11-45  application or any subsequently filed amended or supplemental
  11-46  inventory is void.
  11-47        Sec. 528.  EFFECT OF INFORMAL DISTRIBUTION.  (a)  A person
  11-48  who makes a payment or transfers property under a court order
  11-49  approving the informal distribution of an estate is released from
  11-50  liability or responsibility to the same extent as if the payment or
  11-51  transfer had been made to the personal representative of an estate.
  11-52  A person who makes a payment or transfers property is not required
  11-53  to inquire into the truth of any statement contained in the
  11-54  application.
  11-55        (b)  A distributee receiving possession of an asset of the
  11-56  decedent is liable to the extent of the value of the asset received
  11-57  to a person or creditor having a superior right or claim of
  11-58  possession or ownership to the asset for damages caused by the
  11-59  payment or transfer of the asset under this section.
  11-60        (c)  If a person who is entitled to the property of the
  11-61  decedent, including a creditor, distributee, or guardian, makes a
  11-62  written demand by certified or registered mail containing a
  11-63  certified copy of the application and a court order of distribution
  11-64  to a person in possession of the property and the person fails or
  11-65  refuses to deliver or transfer the property before the 31st day
  11-66  after the date of the demand, the person entitled to the property
  11-67  may file a show cause action in the court that ordered the
  11-68  distribution to recover the property.  The person entitled to the
  11-69  property may recover the fair market value of the property,
  11-70  reasonable damages for the loss of use of the property, reasonable
   12-1  attorney fees, and costs of court.
   12-2        (d)  If a distributee is a minor or is an incompetent without
   12-3  a guardian of the minor's or incompetent's estate, all money,
   12-4  stocks, bonds, or transferable evidence of property to which the
   12-5  distributee is entitled may not be distributed to the natural
   12-6  guardian or guardian of the person.  The person in possession of
   12-7  the property shall deposit the property in the court registry or,
   12-8  if necessary, convert the property to money and deposit the money
   12-9  as provided by Section 144 of this code for the benefit of the
  12-10  ward.  The property shall remain deposited until a legal guardian
  12-11  of the estate is appointed.  Real property interests of a minor or
  12-12  incompetent may not be sold or converted under this subsection.
  12-13         PART 3.  EMERGENCY INTERVENTION PROCEEDINGS; FUNERAL
  12-14                          AND BURIAL EXPENSES
  12-15        Sec. 530.  TIME TO FILE EMERGENCY APPLICATION.  An applicant
  12-16  may file an application requesting emergency intervention by a
  12-17  court exercising  probate jurisdiction to provide for the payment
  12-18  of funeral and burial expenses or the protection and storage of
  12-19  personal property owned by the decedent that was located in rented
  12-20  accommodations on the date of the decedent's death with the clerk
  12-21  of the court in the county of domicile of the decedent not earlier
  12-22  than the third day after the date of the decedent's death and not
  12-23  later than the 90th day after the date of the decedent's death.
  12-24        Sec. 531.  ELIGIBLE APPLICANTS FOR EMERGENCY INTERVENTION.  A
  12-25  person qualified to serve as an administrator under Section 77 of
  12-26  this code may file an emergency intervention application.
  12-27        Sec. 532.  REQUIREMENTS FOR EMERGENCY INTERVENTION
  12-28  APPLICATION.  (a)  An application for emergency intervention must
  12-29  be sworn and must contain:
  12-30              (1)  the name, address, social security number, and
  12-31  interest of the applicant;
  12-32              (2)  the facts showing an immediate necessity for the
  12-33  issuance of an emergency intervention order by the court;
  12-34              (3)  the date of the decedent's death, place of death,
  12-35  decedent's residential address, and the name and address of the
  12-36  funeral home holding the decedent's remains;
  12-37              (4)  any known or ascertainable heirs of the decedent
  12-38  and the reason:
  12-39                    (A)  the heirs cannot be contacted; or
  12-40                    (B)  the heirs have refused to assist in the
  12-41  decedent's burial or protection of the decedent's personal
  12-42  property;
  12-43              (5)  a description of funeral and burial procedures
  12-44  necessary and a detailed and itemized description of the cost of
  12-45  the funeral and burial procedures;
  12-46              (6)  the name, location, and identification of property
  12-47  or persons in possession of the decedent's property; and
  12-48              (7)  the name and address of the owner or manager of
  12-49  the decedent's rented premises and whether access to the premises
  12-50  is necessary.
  12-51        (b)  If emergency intervention is necessary for funeral and
  12-52  burial, the application shall state whether any written
  12-53  instructions from the decedent relating to a funeral or burial
  12-54  exist.  The applicant shall attach the instructions to the
  12-55  application or file the instructions before the funeral or burial
  12-56  and fully comply with the instructions.  If written instructions do
  12-57  not exist, the applicant shall provide for the funeral and burial
  12-58  of the decedent unless the applicant obtains the court's permission
  12-59  to cremate the decedent's remains.
  12-60        Sec. 533.  ORDERS OF EMERGENCY INTERVENTION.  (a)  If the
  12-61  court determines on review of the application that emergency
  12-62  intervention is necessary, the court may order:
  12-63              (1)  funds of the decedent held by an employer,
  12-64  individual, or financial institution to be paid directly to a
  12-65  funeral home only for funeral and burial expenses not to exceed
  12-66  $5,000 as ordered by the court to provide the decedent with a
  12-67  reasonable, dignified, and appropriate funeral and burial;
  12-68              (2)  the applicant and the owner or agent of the
  12-69  decedent's rented accommodations to jointly prepare an inventory of
  12-70  the contents of the decedent's property and to file the inventory
   13-1  after the inventory is signed by both parties with the court; or
   13-2              (3)  the owner of the decedent's rented accommodations
   13-3  to deliver:
   13-4                    (A)  any will of the decedent discovered on the
   13-5  premises to the court clerk;
   13-6                    (B)  any life insurance policy of the decedent
   13-7  that names the applicant as sole beneficiary to the applicant;
   13-8                    (C)  other life insurance policies of the
   13-9  decedent to the court clerk; and
  13-10                    (D)  any deed to a burial plot of the decedent to
  13-11  the funeral home holding the decedent's remains.
  13-12        (b)  If the decedent's rental payments are delinquent, the
  13-13  owner of rented accommodations may hold the decedent's personal
  13-14  property as security for the payment of the delinquency until the
  13-15  90th day after the date of death of the decedent or until the date
  13-16  a court-appointed personal representative is qualified, whichever
  13-17  occurs first.
  13-18        (c)  If rental payments are not delinquent, the court may
  13-19  order the owner or agent of the owner to arrange for the storage of
  13-20  the decedent's property in a proper facility for the protection of
  13-21  the property.  The applicant for emergency intervention shall pay
  13-22  the costs of storage until the 90th day after the date the court's
  13-23  emergency intervention order was issued.  The court may order the
  13-24  reimbursement of storage expenses to the applicant from the
  13-25  decedent's estate.  A court may not order the release of any
  13-26  property to any person, other than a personal representative or to
  13-27  judicially determined heirs, beneficiaries, or distributees of the
  13-28  decedent.
  13-29        (d)  The court clerk may issue certified copies of an
  13-30  emergency intervention order on request of the applicant only until
  13-31  the 90th day after the date the order was issued or the date a
  13-32  personal representative is qualified, whichever occurs first.
  13-33        (e)  A person who is furnished with a certified copy of an
  13-34  emergency intervention order within the period described by
  13-35  Subsection (d) of this section is not personally liable for the
  13-36  person's actions that are taken in accordance with and in reliance
  13-37  on the order.
  13-38        Sec. 534.  ENFORCEMENT OF LIENS.  If a personal
  13-39  representative of the decedent's estate is not appointed or
  13-40  qualified before the 90th day after the date an emergency order is
  13-41  issued, all personal property held by a landlord or a warehouseman
  13-42  is subject to a landlord's lien under Subchapter C, Chapter 54,
  13-43  Property Code, and its subsequent amendments, or a warehouseman's
  13-44  lien under Sections 7.209 and 7.210, Business & Commerce Code, and
  13-45  their subsequent amendments.  A person in possession of personal
  13-46  property of the decedent received under an emergency intervention
  13-47  order may enforce the landlord's or warehouseman's lien after the
  13-48  90th day after the date the emergency intervention order is issued.
  13-49        Sec. 535.  TERMINATION.  All power and authority of an
  13-50  applicant under an emergency intervention order cease to be
  13-51  effective or enforceable on the 90th day after the date the order
  13-52  was issued or on the date a personal representative is qualified,
  13-53  whichever occurs first.
  13-54        SECTION 10.  Sections 137 and 138, Texas Probate Code, are
  13-55  repealed.
  13-56        SECTION 11.  The change in law made by this Act applies only
  13-57  to the estate of a person who dies on or after the effective date
  13-58  of this Act.  An estate of a person who dies before the effective
  13-59  date of this Act is covered by the law in effect on the date of the
  13-60  person's death, and the former law continues in effect for that
  13-61  purpose.
  13-62        SECTION 12.  This Act takes effect September 1, 1993.
  13-63        SECTION 13.  The importance of this legislation and the
  13-64  crowded condition of the calendars in both houses create an
  13-65  emergency and an imperative public necessity that the
  13-66  constitutional rule requiring bills to be read on three several
  13-67  days in each house be suspended, and this rule is hereby suspended.
  13-68                               * * * * *
  13-69                                                         Austin,
  13-70  Texas
   14-1                                                         April 6, 1993
   14-2  Hon. Bob Bullock
   14-3  President of the Senate
   14-4  Sir:
   14-5  We, your Committee on Jurisprudence to which was referred S.B. No.
   14-6  479, have had the same under consideration, and I am instructed to
   14-7  report it back to the Senate with the recommendation that it do not
   14-8  pass, but that the Committee Substitute adopted in lieu thereof do
   14-9  pass and be printed.
  14-10                                                         Henderson,
  14-11  Chairman
  14-12                               * * * * *
  14-13                               WITNESSES
  14-14                                                  FOR   AGAINST  ON
  14-15  ___________________________________________________________________
  14-16  Name:  Oliver J. Guiberteau                      x
  14-17  Representing:  self
  14-18  City:  Houston
  14-19  -------------------------------------------------------------------
  14-20  Name:  Helen B. Jenkins                          x
  14-21  Representing:  self
  14-22  City:  Missouri City
  14-23  -------------------------------------------------------------------
  14-24                                                  FOR   AGAINST  ON
  14-25  ___________________________________________________________________
  14-26  Name:  Harold Scherz                             x
  14-27  Representing:  Amer. Assoc. of Retired Pers
  14-28  City:  Austin
  14-29  -------------------------------------------------------------------