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.