PMWJ H.B. 3088 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 3088
By: Hartnett
4-16-97
Committee Report (Unamended)



BACKGROUND 

 Current law requires that citation be served upon all distributees in a
proceeding to determine heirship, regardless of the age of the
distributee.  In addition, it is unclear whether a provision requiring
that "unknown heirs" be served citation by publication makes it necessary
to always publish notice of a proceeding to determine heirship. 


PURPOSE

 This bill clarifies that, in a proceeding to determine heirship, citation
shall be served on the parent, guardian or managing conservator of a
distributee under the age of 12 and by publication if the address of a
distributee or the address of a distributee's parent, guardian or managing
conservator cannot be ascertained. 

 
RULEMAKING AUTHORITY

 It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 


SECTION BY SECTION ANALYSIS

 SECTION 1 amends Sections 50(a) and 50(b) of the Texas Probate Code.
 Subsec. (a) is amended to provide that citation shall be served by
registered or certified mail on all distributees 12 years of age or older
or on the parent, managing conservator or guardian of a distributee under
the age of 12. 
 Subsec. (b) is amended to provide that, if the address of a distributee
or guardian or parent  of a distributee cannot be ascertained, citation
shall be by publication.  A provision to require that citation be served
on unknown heirs by publication is deleted. 

 SECTION 2.  Effective date.  Application of act.

 SECTION 3.  Emergency clause.