76R8030 BDH-F
By Thompson H.B. No. 1142
Substitute the following for H.B. No. 1142:
By Hartnett C.S.H.B. No. 1142
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to records of probate and guardianship proceedings.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter I, Texas Probate Code, is amended by
1-5 amending Sections 15, 17, and 18 and adding Section 17A to read as
1-6 follows:
1-7 Sec. 15. CASE FILES [PROBATE MINUTES AND PAPERS TO BE
1-8 RECORDED THEREIN]. The county clerk shall maintain a case file for
1-9 each decedent's estate in which a probate proceeding has been
1-10 filed. The case file must contain [keep a record book styled
1-11 "Probate Minutes," and shall enter therein in full] all orders,
1-12 judgments, [decrees,] and proceedings of the court and any other
1-13 probate filing with the court, including all [together with the
1-14 following]:
1-15 (1) [(a) All] applications for the probate of wills
1-16 and for the granting of administration; [.]
1-17 (2) [(b) All] citations and notices, whether published
1-18 or posted, with the returns thereon; [.]
1-19 (3) [(c) All] wills and the testimony upon which the
1-20 same are admitted to probate, provided that the substance only of
1-21 depositions shall be recorded; [.]
1-22 (4) [(d) All] bonds and official oaths; [.]
1-23 (5) [(e) All] inventories, appraisements, and lists of
1-24 claims; [.]
2-1 (6) [(f) All] exhibits and accounts; [.]
2-2 (7) [(g) All] reports of hiring, renting, or sale; [.]
2-3 (8) [(h) All] applications for sale or partition of
2-4 real estate and reports of sale and of commissioners of
2-5 partition;[.]
2-6 (9) [(i) All] applications for authority to execute
2-7 leases for mineral development, or for pooling or unitization of
2-8 lands, royalty, or other interest in minerals, or to lend or invest
2-9 money; and [.]
2-10 (10) [(j) All] reports of lending or investing money.
2-11 Sec. 17. MAINTAINING RECORDS IN LIEU OF RECORD BOOKS. In
2-12 lieu of keeping the record books described by Sections 13, 14, and
2-13 16 of this code, the county clerk may maintain the information
2-14 relating to a person's or estate's probate proceedings maintained
2-15 in those record books on a computer file, on microfilm, in the form
2-16 of a digitized optical image, or in another similar form of data
2-17 compilation.
2-18 Sec. 17A. INDEX. The county clerk shall properly index the
2-19 records [each record book,] and [shall] keep the index [it] open
2-20 for public inspection, but may [shall] not release the index from
2-21 the clerk's [let it out of his] custody.
2-22 Sec. 18. USE OF RECORDS AS EVIDENCE. The record books or
2-23 individual case files, including records on a computer file, on
2-24 microfilm, in the form of a digitized optical image, or in another
2-25 similar form of data compilation described in preceding sections
2-26 [Sections] of this code [Code], or certified copies or
2-27 reproductions of the records [thereof], shall be evidence in any
3-1 court of this state [State].
3-2 SECTION 2. Subpart C, Part 2, Chapter XIII, Texas Probate
3-3 Code, is amended by amending Sections 625, 627, and 628 and adding
3-4 Section 627A to read as follows:
3-5 Sec. 625. CASE FILES [GUARDIANSHIP MINUTES AND PAPERS TO BE
3-6 RECORDED THEREIN]. The county clerk shall maintain a case file for
3-7 each person's filed guardianship proceedings. The case file must
3-8 contain [keep a record book styled "Guardianship Minutes" and shall
3-9 enter in the guardianship minutes] all orders [in full], judgments,
3-10 [decrees,] and proceedings of the court and any other guardianship
3-11 filing with the court, including [in addition to] all:
3-12 (1) applications for the granting of guardianship;
3-13 (2) citations and notices, whether published or
3-14 posted, with the returns on the citations and notices;
3-15 (3) bonds and official oaths;
3-16 (4) inventories, appraisements, and lists of claims;
3-17 (5) exhibits and accounts;
3-18 (6) reports of hiring, renting, or sale;
3-19 (7) applications for sale or partition of real estate
3-20 and reports of sale and of commissioners of partition;
3-21 (8) applications for authority to execute leases for
3-22 mineral development, or for pooling or unitization of lands,
3-23 royalty, or other interest in minerals, or to lend or invest money;
3-24 (9) reports of lending or investing money; and
3-25 (10) reports of guardians of the persons.
3-26 Sec. 627. MAINTAINING RECORDS IN LIEU OF RECORD BOOKS. In
3-27 lieu of keeping the record books described by Sections 623, 624,
4-1 and 626 of this code, the county clerk may maintain the information
4-2 relating to a person's guardianship proceeding maintained in those
4-3 record books on a computer file, on microfilm, in the form of a
4-4 digitized optical image, or in another similar form of data
4-5 compilation.
4-6 Sec. 627A. INDEX. The county clerk shall properly index the
4-7 records [each record book] and keep the index [it] open for public
4-8 inspection but may not release the index [it] from the clerk's
4-9 custody.
4-10 Sec. 628. USE OF RECORDS AS EVIDENCE. The record books or
4-11 individual case files, including records on a computer file, on
4-12 microfilm, in the form of a digitized optical image, or in another
4-13 similar form of data compilation described in other sections of
4-14 this chapter, or certified copies or reproductions of the records,
4-15 [record books] shall be [are] evidence in any court of this state.
4-16 SECTION 3. This Act takes effect September 1, 1999.
4-17 SECTION 4. The importance of this legislation and the
4-18 crowded condition of the calendars in both houses create an
4-19 emergency and an imperative public necessity that the
4-20 constitutional rule requiring bills to be read on three several
4-21 days in each house be suspended, and this rule is hereby suspended.