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.