1-1 By: Thompson (Senate Sponsor - Ellis) H.B. No. 1142
1-2 (In the Senate - Received from the House March 29, 1999;
1-3 March 30, 1999, read first time and referred to Committee on
1-4 Jurisprudence; April 15, 1999, reported favorably by the following
1-5 vote: Yeas 3, Nays 0; April 15, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to records of probate and guardianship proceedings.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Chapter I, Texas Probate Code, is amended by
1-11 amending Sections 15, 17, and 18 and adding Section 17A to read as
1-12 follows:
1-13 Sec. 15. CASE FILES [PROBATE MINUTES AND PAPERS TO BE
1-14 RECORDED THEREIN]. The county clerk shall maintain a case file for
1-15 each decedent's estate in which a probate proceeding has been
1-16 filed. The case file must contain [keep a record book styled
1-17 "Probate Minutes," and shall enter therein in full] all orders,
1-18 judgments, [decrees,] and proceedings of the court and any other
1-19 probate filing with the court, including all [together with the
1-20 following]:
1-21 (1) [(a) All] applications for the probate of wills
1-22 and for the granting of administration; [.]
1-23 (2) [(b) All] citations and notices, whether published
1-24 or posted, with the returns thereon; [.]
1-25 (3) [(c) All] wills and the testimony upon which the
1-26 same are admitted to probate, provided that the substance only of
1-27 depositions shall be recorded; [.]
1-28 (4) [(d) All] bonds and official oaths; [.]
1-29 (5) [(e) All] inventories, appraisements, and lists of
1-30 claims; [.]
1-31 (6) [(f) All] exhibits and accounts; [.]
1-32 (7) [(g) All] reports of hiring, renting, or sale; [.]
1-33 (8) [(h) All] applications for sale or partition of
1-34 real estate and reports of sale and of commissioners of
1-35 partition;[.]
1-36 (9) [(i) All] applications for authority to execute
1-37 leases for mineral development, or for pooling or unitization of
1-38 lands, royalty, or other interest in minerals, or to lend or invest
1-39 money; and [.]
1-40 (10) [(j) All] reports of lending or investing money.
1-41 Sec. 17. MAINTAINING RECORDS IN LIEU OF RECORD BOOKS. In
1-42 lieu of keeping the record books described by Sections 13, 14, and
1-43 16 of this code, the county clerk may maintain the information
1-44 relating to a person's or estate's probate proceedings maintained
1-45 in those record books on a computer file, on microfilm, in the form
1-46 of a digitized optical image, or in another similar form of data
1-47 compilation.
1-48 Sec. 17A. INDEX. The county clerk shall properly index the
1-49 records [each record book,] and [shall] keep the index [it] open
1-50 for public inspection, but may [shall] not release the index from
1-51 the clerk's [let it out of his] custody.
1-52 Sec. 18. USE OF RECORDS AS EVIDENCE. The record books or
1-53 individual case files, including records on a computer file, on
1-54 microfilm, in the form of a digitized optical image, or in another
1-55 similar form of data compilation described in preceding sections
1-56 [Sections] of this code [Code], or certified copies or
1-57 reproductions of the records [thereof], shall be evidence in any
1-58 court of this state [State].
1-59 SECTION 2. Subpart C, Part 2, Chapter XIII, Texas Probate
1-60 Code, is amended by amending Sections 625, 627, and 628 and adding
1-61 Section 627A to read as follows:
1-62 Sec. 625. CASE FILES [GUARDIANSHIP MINUTES AND PAPERS TO BE
1-63 RECORDED THEREIN]. The county clerk shall maintain a case file for
1-64 each person's filed guardianship proceedings. The case file must
2-1 contain [keep a record book styled "Guardianship Minutes" and shall
2-2 enter in the guardianship minutes] all orders [in full], judgments,
2-3 [decrees,] and proceedings of the court and any other guardianship
2-4 filing with the court, including [in addition to] all:
2-5 (1) applications for the granting of guardianship;
2-6 (2) citations and notices, whether published or
2-7 posted, with the returns on the citations and notices;
2-8 (3) bonds and official oaths;
2-9 (4) inventories, appraisements, and lists of claims;
2-10 (5) exhibits and accounts;
2-11 (6) reports of hiring, renting, or sale;
2-12 (7) applications for sale or partition of real estate
2-13 and reports of sale and of commissioners of partition;
2-14 (8) applications for authority to execute leases for
2-15 mineral development, or for pooling or unitization of lands,
2-16 royalty, or other interest in minerals, or to lend or invest money;
2-17 (9) reports of lending or investing money; and
2-18 (10) reports of guardians of the persons.
2-19 Sec. 627. MAINTAINING RECORDS IN LIEU OF RECORD BOOKS. In
2-20 lieu of keeping the record books described by Sections 623, 624,
2-21 and 626 of this code, the county clerk may maintain the information
2-22 relating to a person's guardianship proceeding maintained in those
2-23 record books on a computer file, on microfilm, in the form of a
2-24 digitized optical image, or in another similar form of data
2-25 compilation.
2-26 Sec. 627A. INDEX. The county clerk shall properly index the
2-27 records [each record book] and keep the index [it] open for public
2-28 inspection but may not release the index [it] from the clerk's
2-29 custody.
2-30 Sec. 628. USE OF RECORDS AS EVIDENCE. The record books or
2-31 individual case files, including records on a computer file, on
2-32 microfilm, in the form of a digitized optical image, or in another
2-33 similar form of data compilation described in other sections of
2-34 this chapter, or certified copies or reproductions of the records,
2-35 shall be [record books are] evidence in any court of this state.
2-36 SECTION 3. This Act takes effect September 1, 1999.
2-37 SECTION 4. The importance of this legislation and the
2-38 crowded condition of the calendars in both houses create an
2-39 emergency and an imperative public necessity that the
2-40 constitutional rule requiring bills to be read on three several
2-41 days in each house be suspended, and this rule is hereby suspended.
2-42 * * * * *