HBA-ATS H.B. 1176 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1176 By: Junell Judicial Affairs 4/30/1999 Committee Report (Amended) BACKGROUND AND PURPOSE Texas law authorizes a foreign will to be probated in this state. To probate a foreign will, a party must produce a copy of the will and a copy of the judgment or order by which it was admitted to probate. For purposes of probate, these two documents need their authenticity attested to by the clerk of the foreign court or other official who is in charge of probate records. In addition, a party must produce a certificate from the judge or presiding magistrate that confirms the accuracy of the clerk's or other official's attestation. The use of modern technology to reproduce seals and signatures raises questions about the authenticity of foreign probate documents filed in this state. H.B. 1176 requires the attestations accompanying a foreign will, the judgment by which it was admitted to probate, and the certificate confirming the accuracy of the clerk's or other official's attestation to contain original signatures. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 95(c), Texas Probate Code, by adding the condition that a foreign will and the judgment by which it was admitted to probate need their authenticity attested to by the original signature of a clerk of a foreign court, or other official who is in charge of probate records, if these documents are to be filed with an application for probate of a foreign will. In addition, the certificate confirming the accuracy of the clerk's or other official's attestation needs an original signature of a judge or magistrate of the foreign court if the will and judgment are to be filed with an application for probate of a foreign will. SECTION 2. Effective date: September 1, 1999. SECTION 3. Makes application of this Act prospective. SECTION 4. Emergency clause. EXPLANATION OF AMENDMENTS Amendment No. 1: Amends H.B. 1176 in SECTION 1 by adding a provision to Section 95(c), Texas Probate Code, that would prohibit original signatures from being required for recordation in the deed records under Sections 96 (Filing and Recording Foreign Will in Deed Records), 97 (Proof Required for Recording in Deed Records), 98 (Effect of Recording Copy of Will in Deed Records), and 99 (Recording in Deed Records Serves as Notice of Title), Texas Probate Code, or Section 107 (Power of Sale of Foreign Executor or Trustee), Texas Probate Code.