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.