1-1 By: Hartnett (Senate Sponsor - Wentworth) H.B. No. 3088
1-2 (In the Senate - Received from the House April 27, 1997;
1-3 April 29, 1997, read first time and referred to Committee on
1-4 Jurisprudence; May 17, 1997, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 7, Nays 0;
1-6 May 17, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 3088 By: Wentworth
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the notice required to be given in a proceeding to
1-11 determine heirship.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Sections 50(a) and (b), Texas Probate Code, are
1-14 amended to read as follows:
1-15 (a) Citation shall be served by registered or certified mail
1-16 upon all distributees 12 years of age or older whose names and
1-17 addresses are known, or whose names and addresses can be learned
1-18 through the exercise of reasonable diligence, provided that the
1-19 court may in its discretion require that service of citation shall
1-20 be made by personal service upon some or all of those named as
1-21 distributees in the application. Citation shall be served as
1-22 provided by this subsection on the parent, managing conservator, or
1-23 guardian of a distributee who is younger than 12 years of age, if
1-24 the name and address of the parent, managing conservator, or
1-25 guardian is known or can be reasonably ascertained.
1-26 (b) If the address of a person or entity on whom citation is
1-27 required to be served [Unknown heirs, and known heirs whose
1-28 addresses] cannot be ascertained, citation shall be served on the
1-29 person or entity by publication in the county in which the
1-30 proceedings are commenced, and if the decedent resided in another
1-31 county, then a citation shall also be published in the county of
1-32 his last residence. Unknown heirs shall also be served by
1-33 publication in the manner provided by this subsection.
1-34 SECTION 2. This Act takes effect September 1, 1997, and
1-35 applies only to an application for determination of heirship filed
1-36 on or after that date. An application for determination of
1-37 heirship filed before the effective date of this Act is governed by
1-38 the law in existence on the date on which the application was
1-39 filed, and the former law is continued in effect for that purpose.
1-40 SECTION 3. The importance of this legislation and the
1-41 crowded condition of the calendars in both houses create an
1-42 emergency and an imperative public necessity that the
1-43 constitutional rule requiring bills to be read on three several
1-44 days in each house be suspended, and this rule is hereby suspended.
1-45 * * * * *