By Jones of Lubbock H.B. No. 529
75R3779 BEM-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 or a person interested in the estate
1-11 may file with the court in which the inventory and appraisement was
1-12 filed a motion requesting the sealing of the inventory and
1-13 appraisement.
1-14 (c) The court shall set a date for a hearing on a motion the
1-15 representative or interested person files under Subsection (b) of
1-16 this section.
1-17 (d) Not later than the 14th day before the date set for a
1-18 hearing on the motion, the representative or interested person
1-19 shall post a notice at the place where notices for meetings of
1-20 county governmental bodies are required to be posted under Chapter
1-21 551, Government Code. The notice must include:
1-22 (1) a statement that a hearing will be held in closed
1-23 court on a motion to seal the inventory and appraisement;
1-24 (2) a statement that any interested person may
2-1 intervene and be heard concerning the sealing of the inventory and
2-2 appraisement;
2-3 (3) the specific time and place of the hearing;
2-4 (4) the style and number of the case; and
2-5 (5) the name of the representative.
2-6 (e) Within 24 hours after posting the notice, the
2-7 representative or interested person shall file a verified copy of
2-8 the posted notice with the clerk of the court in which the motion
2-9 is pending.
2-10 (f) The court shall hold the hearing on the motion as soon
2-11 as practicable, but not earlier than the 21st day after the date on
2-12 which the representative or interested person filed the motion.
2-13 The hearing is closed to the public other than to any interested
2-14 person. The court shall inspect all relevant records in camera.
2-15 (g) The court shall grant the motion unless the court finds
2-16 a specific, serious, and substantial interest for opening the
2-17 inventory and appraisement to the public that outweighs the
2-18 interest in sealing the inventory and appraisement.
2-19 (h) The court may seal the inventory and appraisement only
2-20 by written order. The order must include:
2-21 (1) the style and number of the case; and
2-22 (2) each specific reason that formed the basis of the
2-23 court's findings and conclusions relating to whether the
2-24 requirements of Subsection (g) of this section were met.
2-25 (i) An interested person may intervene as a matter of right
2-26 at any time before or after judgment on the motion. A court that
2-27 issues an order on a motion to seal an inventory or appraisement of
3-1 an estate:
3-2 (1) retains continuing jurisdiction to enforce, alter,
3-3 or vacate the order; and
3-4 (2) may not reconsider the order on the motion of any
3-5 interested person or intervenor who, before the issuance of the
3-6 order, received actual notice of the hearing unless the interested
3-7 party or intervenor first shows changed circumstances, whether or
3-8 not related to the case in which the order was issued, materially
3-9 affecting the order.
3-10 (j) If the case is pending, the court shall sever from the
3-11 case an order that relates to the sealing of the inventory or
3-12 appraisement. The order is a final judgment that an interested
3-13 person or intervenor who participated in the hearing on the
3-14 issuance of the order may appeal. The appellate court may abate
3-15 the appeal and order the trial court to:
3-16 (1) direct that further public notice be given;
3-17 (2) hold further hearings; or
3-18 (3) make additional findings.
3-19 (k) This section applies to an inventory and appraisement
3-20 regardless of whether the related probate proceeding is pending or
3-21 closed.
3-22 (l) To the extent that this section conflicts with the Texas
3-23 Rules of Civil Procedure, this section controls.
3-24 (m) Notwithstanding Section 22.004, Government Code, the
3-25 supreme court may not amend or adopt rules in conflict with this
3-26 section.
3-27 SECTION 2. This Act takes effect September 1, 1997.
4-1 SECTION 3. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended.