By Wilson H.B. No. 3074
76R9005 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the term and reappointment of an administrator of the
1-3 estate of a decedent.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 223, Texas Probate Code, is amended to
1-6 read as follows:
1-7 Sec. 223. FURTHER ADMINISTRATION WITH OR WITHOUT WILL
1-8 ANNEXED. Whenever any estate is unrepresented by reason of the
1-9 death, removal, or resignation of the personal representative of
1-10 such estate, or by reason of the expiration of the term of
1-11 appointment of the administrator of such estate, the court shall
1-12 grant further administration of the estate when necessary, and with
1-13 the will annexed where there is a will, upon application therefor
1-14 by a qualified person interested in the estate. Such appointments
1-15 shall be made on notice and after hearing, as in case of original
1-16 appointments, except that when the court finds that there is a
1-17 necessity for the immediate appointment of a successor
1-18 representative, such successor may be appointed upon application
1-19 but without citation or notice.
1-20 SECTION 2. Part 4, Chapter VII, Texas Probate Code, is
1-21 amended by adding Section 228 to read as follows:
1-22 Sec. 228. TERM AND REAPPOINTMENT OF ADMINISTRATOR. (a) The
1-23 term of an administrator appointed under this chapter expires on
1-24 the second anniversary of the date on which the administrator was
2-1 appointed unless the administrator is reappointed in the manner
2-2 provided by this section.
2-3 (b) Not earlier than the 30th day before the second
2-4 anniversary of the date on which the administrator was appointed,
2-5 the administrator may file an application for reappointment as
2-6 administrator.
2-7 (c) On the filing of an application for reappointment under
2-8 this section, the court clerk shall issue a notice stating that the
2-9 application for reappointment was filed, the name of the decedent,
2-10 and the name of the applicant for reappointment. The clerk shall
2-11 issue the notice to all persons interested in the decedent's estate
2-12 and must cite all persons interested in the estate to appear at the
2-13 time and place stated in the notice if they wish to contest the
2-14 application.
2-15 (d) Not later than the 30th day after the date the
2-16 administrator filed an application under Subsection (b) of this
2-17 section, the court, after notice and hearing, shall reappoint the
2-18 administrator if the court finds that the reappointment is in the
2-19 best interest of the estate. If the court finds that reappointment
2-20 is not in the best interest of the estate, the court shall appoint
2-21 a subsequent administrator as provided by this chapter.
2-22 (e) Except as otherwise provided by this chapter, a person
2-23 who is reappointed as administrator under this section may not be
2-24 required to give a bond solely because the person was reappointed
2-25 under this section.
2-26 (f) An administrator who is not reappointed under this
2-27 section may be appointed as a subsequent administrator under this
3-1 chapter.
3-2 SECTION 3. (a) This Act takes effect September 1, 1999, and
3-3 applies to an administrator of the estate of a decedent appointed
3-4 before, on, or after that date.
3-5 (b) For the purpose of Section 228, Texas Probate Code, as
3-6 added by this Act, an administrator of the estate of a decedent who
3-7 was appointed before the effective date of this Act is considered
3-8 to have been appointed on the effective date of this Act.
3-9 SECTION 4. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.