SRC-AXB S.B. 1552 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1552
76R4135  CLG-DBy: Ellis
Jurisprudence
3/18/1999
As Filed


DIGEST 

Currently, no method exists for a court to remove an out-of-state personal
representative who fails to appoint a Texas resident to be served with
process in connection with probate proceedings.  S.B. 1552 provides for the
removal of a personal representative of a decedent's estate under certain
conditions. 

PURPOSE

As proposed, S.B. 1552 sets forth provisions for the removal of a personal
resident who, for various reasons, is unable to accomplish certain actions
relating to a decedent's estate. 

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 Section 222(a), Texas Probate Code, to authorize the
court to remove any personal representative (representative) who cannot be
served with processes because the representative's whereabouts are unknown,
the representative is eluding service, or is not living in Texas and does
not have a resident agent to accomplish certain actions relating to the
estate of a decedent. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.