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.
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