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.