By Junell H.B. No. 1176
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain documents required to be filed with an
1-3 application for probate of a foreign will.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 95(c), Texas Probate Code, is amended to
1-6 read as follows:
1-7 (c) Copy of Will and Proceedings To Be Filed. A copy of the
1-8 will and of the judgment, order, or decree by which it was admitted
1-9 to probate or otherwise established, attested by and with the
1-10 original signature of the clerk of the court or of [by] such other
1-11 official as has custody of such will or is in charge of probate
1-12 records, with the seal of the court affixed, if there is a seal,
1-13 together with a certificate containing the original signature of
1-14 the judge or presiding magistrate of such court that the said
1-15 attestation is in due form, shall be filed with the application.
1-16 Original signatures shall not be required for recordation in the
1-17 deed records pursuant to Sections 96 through 99 or Section 107 of
1-18 this code.
1-19 SECTION 2. This Act takes effect September 1, 1999.
1-20 SECTION 3. The change in law made by this Act applies only
1-21 to an application for probate of a foreign will filed on or after
1-22 the effective date of this Act. An application for probate of a
1-23 foreign will that is filed before the effective date of this Act is
1-24 governed by the law in effect on the date the application was
2-1 filed, and the former law is continued in effect for that purpose.
2-2 SECTION 4. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.