1-1 By: Junell (Senate Sponsor - Wentworth) H.B. No. 1176
1-2 (In the Senate - Received from the House May 10, 1999;
1-3 May 10, 1999, read first time and referred to Committee on
1-4 Jurisprudence; May 14, 1999, reported favorably by the following
1-5 vote: Yeas 3, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to certain documents required to be filed with an
1-9 application for probate of a foreign will.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 95(c), Texas Probate Code, is amended to
1-12 read as follows:
1-13 (c) Copy of Will and Proceedings To Be Filed. A copy of the
1-14 will and of the judgment, order, or decree by which it was admitted
1-15 to probate or otherwise established, attested by and with the
1-16 original signature of the clerk of the court or of [by] such other
1-17 official as has custody of such will or is in charge of probate
1-18 records, with the seal of the court affixed, if there is a seal,
1-19 together with a certificate containing the original signature of
1-20 the judge or presiding magistrate of such court that the said
1-21 attestation is in due form, shall be filed with the application.
1-22 Original signatures shall not be required for recordation in the
1-23 deed records pursuant to Sections 96 through 99 or Section 107 of
1-24 this code.
1-25 SECTION 2. This Act takes effect September 1, 1999.
1-26 SECTION 3. The change in law made by this Act applies only
1-27 to an application for probate of a foreign will filed on or after
1-28 the effective date of this Act. An application for probate of a
1-29 foreign will that is filed before the effective date of this Act is
1-30 governed by the law in effect on the date the application was
1-31 filed, and the former law is continued in effect for that purpose.
1-32 SECTION 4. The importance of this legislation and the
1-33 crowded condition of the calendars in both houses create an
1-34 emergency and an imperative public necessity that the
1-35 constitutional rule requiring bills to be read on three several
1-36 days in each house be suspended, and this rule is hereby suspended.
1-37 * * * * *