HBA-GUM, KMH H.B. 3477 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3477 By: Hartnett Judicial Affairs 7/27/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Texas Legislature, state law dictated that a person appointed as an independent executor or administrator by a probate court outside Texas had 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 was an unnecessary formality. H.B. 3477 removes the restriction requiring a foreign personal representative of the estate to obtain ancillary letters testamentary under certain circumstances. 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 Subchapter A, Chapter 71, 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 who has complied with the requirements of Section 95 (Probate of Foreign Will Accomplished by Filing and Recording), Probate Code, for the probate of a foreign will is not required to apply for ancillary letters testamentary under Section 105 (Executor of Will Probated in Another Jurisdiction), Probate Code, to bring and prosecute the action, if the executor or administrator of the estate of a nonresident individual is the plaintiff in an action under this subchapter (Wrongful Death). SECTION 2. Amends Subchapter B, Chapter 71, Civil Practice and Remedies Code, by adding Section 71.022, as follows: Sec. 71.022. QUALIFICATION OF FOREIGN PERSONAL REPRESENTATIVE. Provides that the foreign personal representative of the estate who has complied with the requirements of Section 95, Probate Code, for the probate of a foreign will is not required to apply for ancillary letters testamentary under Section 105, Probate Code, to bring and prosecute the action, if the executor or administrator of the estate of a nonresident individual is the plaintiff in an action under this subchapter (Survival). SECTION 3. Emergency clause. Effective date: upon passage.