SRC-AXB S.B. 1479 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1479
By: Cain
Jurisprudence
4/22/1999
As Filed


DIGEST 

Currently, an independent executor must obtain ancillary letters
testamentary from a Texas probate court to file a wrongful death or
survival action.  Probate courts routinely grant ancillary letters
testamentary to out-of-state executors and administrators, and, if in
Texas, this requirement is perceived as an unnecessary formality.  S.B.
1479 sets forth circumstances which allow a foreign personal representative
to bring and prosecute wrongful death and survival actions in certain
probate matters without applying for ancillary letters testamentary. 

PURPOSE

As proposed, S.B. 1479 sets forth circumstances which allow a foreign
personal representative to bring and prosecute a certain action without
applying for ancillary letters testamentary. 

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 Practices and Remedies Code, by
adding Section 71.012, as follows: 

Sec.  71.012.  QUALIFICATION OF FOREIGN PERSONAL REPRESENTATIVE. Provides
that a certain foreign personal representative of the estate is not
required to apply for certain ancillary letters testamentary, regarding the
probate of a foreign will, in order to bring and prosecute an action under
this subchapter. 

SECTION 2.  Amends Chapter 71B, Civil Practices 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.