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.