SRC-SLL H.B. 3088 75(R)BILL ANALYSIS


Senate Research CenterH.B. 3088
By: Hartnett (Wentworth)
Jurisprudence
5-16-97
Committee Report (Substituted)


DIGEST 

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.  This bill
will provide additional regulations regarding the notice required to be
given in a proceeding to determine heirship. 

PURPOSE

As proposed, H.B. 3088 provides additional regulations regarding the
notice required to be given in a proceeding to determine heirship. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 50(a) and (b), Probate Code, to require
citation to be served by registered or certified mail upon all
distributees 12 years of age or older.  Requires citation to be served as
provided by this subsection on the parent, managing conservator, or
guardian of a distributee who is younger than 12 years of age, if the name
and address of the parent, managing conservator, or guardian is known or
can be reasonably ascertained.  Requires unknown heirs to also be served
by publication in the manner provided by this subsection.  Makes
nonsubstantive changes. 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 50(b), Probate Code, to require unknown heirs to also be
served by publication in the manner provided by this subsection.