SRC-DPW H.B. 3477 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3477
76R9712 KLA-FBy: Hartnett (Cain)
Administration
5/4/1999
Engrossed


DIGEST 

Currently, Texas law requires a person appointed as an independent executor
or administrator by a probate court outside Texas to obtain ancillary
letters testamentary from a Texas probate court in order to file a wrongful
death or survival action in Texas.  Probate courts routinely grant
ancillary letters testamentary to out-of-state executors and
administrators.  For estates that only need ancillary letters testamentary
for the purpose of filing a wrongful death or survival action in a Texas
court, this requirement can be viewed as an unnecessary formality.  This
bill would remove the restriction requiring a foreign personal
representative of an estate to obtain ancillary letters testamentary under
certain conditions. 

PURPOSE

As proposed, H.B. 3477 establishes the qualification of a foreign personal
representative of an estate involved in a wrongful death or survival
action. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 71A, Civil Practice and Remedies Code, by adding
Section 71.012, as follows: 

Sec. 71.012. QUALIFICATION OF FOREIGN PERSONAL REPRESENTATIVE. Provides
that the foreign personal representative of the estate of a nonresident
individual who has complied with the requirements of Section 95, Texas
Probate Code, for the probate of a foreign will is not required to apply
for ancillary letters testamentary under Section 105, Texas Probate Code,
to bring and prosecute the action, if the executor or administrator of the
estate is the plaintiff in an action under this subchapter. 

SECTION 2. Amends Chapter 71B, Civil Practice and Remedies Code, by adding
Section 71.022, as follows: 

Sec. 71.022. QUALIFICATION OF FOREIGN PERSONAL REPRESENTATIVE. Makes
conforming changes. 

SECTION 3.Emergency clause.
  Effective date: upon passage.