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.