By Jones of Lubbock H.B. No. 497
74R373 MWV-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to sealing an inventory and appraisement in a probate
1-3 matter.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Part 1, Chapter VIII, Texas Probate Code, is
1-6 amended by adding Section 250A to read as follows:
1-7 Sec. 250A. SEALING OF INVENTORY AND APPRAISEMENT. (a) The
1-8 inventory and appraisement of an estate may be sealed in the manner
1-9 provided by this section.
1-10 (b) The representative may file with the court a motion
1-11 requesting the sealing of the inventory and appraisement.
1-12 (c) The court shall set a date for a hearing on a motion the
1-13 representative files under Subsection (b) of this section.
1-14 (d) Not later than the 14th day before the date set for a
1-15 hearing on the motion, the representative shall post a notice at
1-16 the place where notices for meetings of county governmental bodies
1-17 are required to be posted under the open meetings law, Chapter 551,
1-18 Government Code. The notice must include:
1-19 (1) a statement that a hearing will be held in closed
1-20 court on a motion to seal the inventory and appraisement;
1-21 (2) a statement that any interested person may
1-22 intervene and be heard concerning the sealing of the inventory and
1-23 appraisement;
1-24 (3) the specific time and place of the hearing;
2-1 (4) the style and number of the case; and
2-2 (5) the name of the representative.
2-3 (e) Within 24 hours after posting the notice, the
2-4 representative shall file a verified copy of the posted notice with
2-5 the clerk of the court in which the case is pending.
2-6 (f) The court shall hold the hearing on the motion as soon
2-7 as practicable, but not earlier than the 21st day after the date on
2-8 which the representative filed the motion. The hearing is closed
2-9 to the public other than to any interested person. The court shall
2-10 inspect all relevant records in camera.
2-11 (g) The court shall grant the motion unless the court finds
2-12 a specific, serious, and substantial interest for opening the
2-13 inventory and appraisement to the public that outweighs the
2-14 interest in sealing the inventory and appraisement.
2-15 (h) The court may seal the inventory and appraisement only
2-16 by written order. The order must include:
2-17 (1) the style and number of the case; and
2-18 (2) each specific reason that formed the basis of the
2-19 court's findings and conclusions relating to whether the
2-20 requirements of Subsection (g) were met.
2-21 (i) An interested person may intervene as a matter of right
2-22 at any time before or after judgment on the motion. A court that
2-23 issues an order on a motion to seal an inventory or appraisement of
2-24 an estate:
2-25 (1) retains continuing jurisdiction to enforce, alter,
2-26 or vacate the order; and
2-27 (2) may not reconsider the order on the motion of any
3-1 interested person or intervenor who, before the issuance of the
3-2 order, received actual notice of the hearing unless the interested
3-3 party or intervenor first shows changed circumstances, whether or
3-4 not related to the case in which the order was issued, materially
3-5 affecting the order.
3-6 (j) The court shall sever an order that relates to the
3-7 sealing of the inventory or appraisement from the case. The order
3-8 is a final judgment that an interested person or intervenor who
3-9 participated in the hearing on the issuance of the order may
3-10 appeal. The appellate court may abate the appeal and order the
3-11 trial court to:
3-12 (1) direct that further public notice be given;
3-13 (2) hold further hearings; or
3-14 (3) make additional findings.
3-15 (k) To the extent that this section conflicts with the Texas
3-16 Rules of Civil Procedure, this section controls.
3-17 (l) Notwithstanding Section 22.004, Government Code, the
3-18 supreme court may not amend or adopt rules in conflict with this
3-19 section.
3-20 SECTION 2. This Act takes effect September 1, 1995, and
3-21 applies only to the administration of the estates of persons who
3-22 die on or after that date.
3-23 SECTION 3. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
3-27 days in each house be suspended, and this rule is hereby suspended.