1-1  By:  Wentworth                                        S.B. No. 1015
    1-2        (In the Senate - Filed March 12, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on Jurisprudence;
    1-4  April 13, 1993, reported favorably by the following vote:  Yeas 6,
    1-5  Nays 0; April 13, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Henderson          x                               
    1-9        Harris of Tarrant  x                               
   1-10        Brown              x                               
   1-11        Harris of Dallas   x                               
   1-12        Luna               x                               
   1-13        Parker                                        x    
   1-14        West               x                               
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to the time for requiring a personal representative to
   1-18  close an estate.
   1-19        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-20        SECTION 1.  Section 406, Texas Probate Code, is amended to
   1-21  read as follows:
   1-22        Sec. 406.  Procedure in Case of Neglect or Failure to File
   1-23  Final Account; Payments Due Meantime.  If a personal representative
   1-24  charged with the duty of filing a final account fails or neglects
   1-25  so to do at the proper time, the court may <shall>, upon its own
   1-26  motion, or shall, upon the written complaint of any one interested
   1-27  in the decedent's or ward's estate which has been administered,
   1-28  cause such representative to be cited to appear and present such
   1-29  account within the time specified in the citation.  As to a
   1-30  guardianship of a person or estate of a minor or deceased ward when
   1-31  no written complaint has been filed by anyone interested in the
   1-32  estate, the court may, after two years from the date of the death
   1-33  of an incompetent ward or from the date the ward reaches the age of
   1-34  majority, remove the estate from the court's active docket without
   1-35  the necessity of a final accounting and without appointing a
   1-36  successor personal representative.  As to a ward whose whereabouts
   1-37  becomes unknown to the court for a period of four years when no
   1-38  complaint has been filed by anyone interested in the estate, the
   1-39  court may remove the estate from its active docket without a final
   1-40  accounting and without appointing a successor personal
   1-41  representative.  As to a decedent's estate, when the whereabouts of
   1-42  the personal representative and the heirs are unknown and no
   1-43  complaint has been filed by anyone interested in the estate within
   1-44  four years after letters testamentary or of administration have
   1-45  been issued, the court may close the estate without a final
   1-46  accounting and without appointing a successor personal
   1-47  representative.  Rentals <So far as applicable, this Section shall
   1-48  also govern with respect to guardians of the person.  Meantime,
   1-49  rentals> or other payments becoming due to the ward, his estate, or
   1-50  his guardian, between the date the ward's disability terminates or
   1-51  the date of the ward's death and the effective date of the
   1-52  guardian's discharge may be paid or tendered to the emancipated
   1-53  ward, his guardian, or the personal representative of the ward's
   1-54  estate, at obligor's option, and such payment or tender shall
   1-55  constitute and be an absolute discharge of such matured obligation
   1-56  for all purposes to the extent of the amount thus paid or tendered.
   1-57        SECTION 2.  This Act applies to those estates in which a
   1-58  final settlement and accounting has not been filed prior to the
   1-59  effective date of this Act.
   1-60        SECTION 3.  The importance of this legislation and the
   1-61  crowded condition of the calendars in both houses create an
   1-62  emergency and an imperative public necessity that the
   1-63  constitutional rule requiring bills to be read on three several
   1-64  days in each house be suspended, and this rule is hereby suspended.
   1-65                               * * * * *
   1-66                                                         Austin,
   1-67  Texas
   1-68                                                         April 13, 1993
    2-1  Hon. Bob Bullock
    2-2  President of the Senate
    2-3  Sir:
    2-4  We, your Committee on Jurisprudence to which was referred S.B.
    2-5  No. 1015, have had the same under consideration, and I am
    2-6  instructed to report it back to the Senate with the recommendation
    2-7  that it do pass and be printed.
    2-8                                                         Henderson,
    2-9  Chairman
   2-10                               * * * * *
   2-11                               WITNESSES
   2-12                                                  FOR   AGAINST  ON
   2-13  ___________________________________________________________________
   2-14  Name:  Robert Bass                               x
   2-15  Representing:  Coalition of Texas Sureties
   2-16  City:  Austin
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