HBA-KMH C.S.H.B. 3477 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3477
By: Hartnett
Judicial Affairs
4/21/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Under current law, a person appointed as an independent executor or
administrator by a probate court outside Texas must 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 is an unnecessary formality. 

C.S.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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3477 modifies the original in SECTIONS 1 and 2 by making a
nonsubstantive change related to when it may be necessary for a foreign
personal representative to apply for ancillary letters testamentary under
Section 105, Probate Code.