By Hartnett H.B. No. 3088
75R2398 CLG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the notice required to be given in a proceeding to
1-3 determine heirship.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 50(a) and (b), Texas Probate Code, are
1-6 amended to read as follows:
1-7 (a) Citation shall be served by registered or certified mail
1-8 upon all distributees 12 years of age or older whose names and
1-9 addresses are known, or whose names and addresses can be learned
1-10 through the exercise of reasonable diligence, provided that the
1-11 court may in its discretion require that service of citation shall
1-12 be made by personal service upon some or all of those named as
1-13 distributees in the application. Citation shall be served as
1-14 provided by this subsection on the parent, managing conservator, or
1-15 guardian of a distributee who is younger than 12 years of age, if
1-16 the name and address of the parent, managing conservator, or
1-17 guardian is known or can be reasonably ascertained.
1-18 (b) If the address of a person or entity on whom citation is
1-19 required to be served [Unknown heirs, and known heirs whose
1-20 addresses] cannot be ascertained, citation shall be served on the
1-21 person or entity by publication in the county in which the
1-22 proceedings are commenced, and if the decedent resided in another
1-23 county, then a citation shall also be published in the county of
1-24 his last residence.
2-1 SECTION 2. This Act takes effect September 1, 1997, and
2-2 applies only to an application for determination of heirship filed
2-3 on or after that date. An application for determination of
2-4 heirship filed before the effective date of this Act is governed by
2-5 the law in existence on the date on which the application was
2-6 filed, and the former law is continued in effect for that purpose.
2-7 SECTION 3. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.