By Junell H.B. No. 1176
76R1489 KLA-D
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 SECTION 2. This Act takes effect September 1, 1999.
1-17 SECTION 3. The change in law made by this Act applies only
1-18 to an application for probate of a foreign will filed on or after
1-19 the effective date of this Act. An application for probate of a
1-20 foreign will that is filed before the effective date of this Act is
1-21 governed by the law in effect on the date the application was
1-22 filed, and the former law is continued in effect for that purpose.
1-23 SECTION 4. The importance of this legislation and the
1-24 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended.
2-4 COMMITTEE AMENDMENT NO. 1
2-5 Amend H.B. 1176 by adding the following after the word
2-6 "application." on line 15:
2-7 Original signatures shall not be required for recordation in
2-8 the deed records pursuant to Probate Code Sections 96 through 99 or
2-9 Section 107.
2-10 Solis of Cameron