By Naishtat                                           H.B. No. 1661
         76R1428 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the final accounting of a decedent's or ward's estate.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 406, Texas Probate Code, as amended by
 1-5     Chapters 898 and 957, Acts of the 73rd Legislature, 1993, is
 1-6     amended and reenacted to read as follows:
 1-7           Sec. 406.  PROCEDURE IN CASE OF NEGLECT OR FAILURE TO FILE
 1-8     FINAL ACCOUNT;  PAYMENTS DUE MEANTIME.  (a)  If a personal
 1-9     representative charged with the duty of filing a final account
1-10     fails or neglects so to do at the proper time, the court shall
1-11     [may], upon its own motion, or [shall,]  upon the written complaint
1-12     of any one interested in the decedent's [or ward's] estate which
1-13     has been administered, cause such representative to be cited to
1-14     appear and present such account within the time specified in the
1-15     citation.
1-16           (b)  [If a written complaint has not been filed by anyone
1-17     interested in the guardianship of a person or estate of a minor or
1-18     deceased ward, the  court may, on or after the third anniversary
1-19     after the date of the death of the ward or after the date the minor
1-20     reaches the age of majority, remove the estate from the court's
1-21     active docket without a final accounting and without appointing a
1-22     successor personal representative.]
1-23           [(c)  If a complaint has not been filed by anyone interested
1-24     in the estate of a ward whose whereabouts are unknown to the court,
 2-1     the court  may, on or after the fourth anniversary after the ward's
 2-2     whereabouts became unknown to the court, remove the estate from the
 2-3     court's active docket without a final accounting and without
 2-4     appointing a  successor personal representative.][]
 2-5           [(d)]  If the whereabouts of the personal representative and
 2-6     heirs of a decedent are unknown and a complaint has not been filed
 2-7     by anyone  interested in the decedent's estate, the court may, on
 2-8     or after the fourth anniversary after the last date on which
 2-9     letters testamentary or of administration are issued by the court
2-10     clerk, close the estate without a final accounting and without
2-11     appointing a successor personal representative.
2-12           [(e)  Rentals or other payments becoming due to the ward, his
2-13     estate, or his guardian, between the date the ward's disability
2-14     terminates or the  date of the ward's death and the effective date
2-15     of the guardian's discharge may be paid or tendered to the
2-16     emancipated ward, his guardian, or the personal representative of
2-17     the ward's estate, at obligor's option, and such payment or tender
2-18     shall constitute and be an absolute discharge of such matured
2-19     obligation for all purposes to the extent of the amount thus paid
2-20     or tendered.]
2-21           SECTION 2.  The change in law made by this Act applies only
2-22     to the estates of persons who die on or after the effective date of
2-23     this Act.  The estate of a person who dies before the effective
2-24     date of this Act is governed by the law in effect on the date of
2-25     the person's death, and the former law is continued in effect for
2-26     that purpose.
2-27           SECTION 3.  This Act takes effect September 1, 1999.
 3-1           SECTION 4.  The importance of this legislation and the
 3-2     crowded condition of the calendars in both houses create an
 3-3     emergency and an imperative public  necessity that the
 3-4     constitutional rule requiring bills to be read on three several
 3-5     days in each house be suspended, and this rule is hereby suspended.