HBA-KMH S.B. 1106 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1106 By: Harris Judicial Affairs 4/30/1999 Engrossed BACKGROUND AND PURPOSE Currently, Texas law requires any sworn affidavit concerning the identity of heirs to be accepted as prima facie evidence in the proceeding to declare heirship. However, there is no standard for the affidavit. S.B. 1106 creates a voluntary standard affidavit that can be used for the purposes stipulated in Section 52 (Recorded Instruments as Prima Facie Evidence), Probate Code. 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 52, Texas Probate Code, to authorize an affidavit of facts concerning the identity of heirs of a decedent as to an interest in real property that is filed in a proceeding or suit to be in the form described by Section 52A of this code. Provides that an affidavit of facts concerning the identity of heirs of a decedent does not affect the rights of an omitted heir or a creditor of the decedent as otherwise provided by law. Requires this statute to be cumulative, and prohibits it from being construed as abrogating any right to present evidence or to rely on an affidavit of facts conferred by any other statute or rule of law. SECTION 2. Amends Chapter III, Texas Probate Code, by adding Section 52A, as follows: Sec. 52A. FORM OF AFFIDAVIT OF FACTS CONCERNING IDENTITY OF HEIRS. Sets forth the authorized contents and format of the form. SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause.