76R9712 KLA-F                           
         By Hartnett                                           H.B. No. 3477
         Substitute the following for H.B. No. 3477:
         By Thompson                                       C.S.H.B. No. 3477
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the qualification of a foreign personal representative
 1-3     of an estate involved in a wrongful death or survival action.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 71, Civil Practice and
 1-6     Remedies Code, is amended by adding Section 71.012 to read as
 1-7     follows:
 1-8           Sec. 71.012.  QUALIFICATION OF FOREIGN PERSONAL
 1-9     REPRESENTATIVE.  If the executor  or administrator of the estate of
1-10     a nonresident individual is the plaintiff in an action under this
1-11     subchapter, the foreign personal representative of the estate who
1-12     has complied with the requirements of Section 95, Texas Probate
1-13     Code, for the probate of a foreign will is not required to apply
1-14     for ancillary letters testamentary under Section 105, Texas Probate
1-15     Code, to bring and prosecute the action.
1-16           SECTION 2.  Subchapter B, Chapter 71, Civil Practice and
1-17     Remedies Code, is amended by adding Section 71.022 to read as
1-18     follows:
1-19           Sec. 71.022.  QUALIFICATION OF FOREIGN PERSONAL
1-20     REPRESENTATIVE.  If the executor or administrator of the estate of
1-21     a nonresident individual is the plaintiff in an action under this
1-22     subchapter, the foreign personal representative of the estate who
1-23     has complied with the requirements of Section 95, Texas Probate
1-24     Code, for the probate of a foreign will is not required to apply
 2-1     for ancillary letters testamentary under Section 105, Texas Probate
 2-2     Code, to bring and prosecute the action.
 2-3           SECTION 3.  The importance of this legislation and the
 2-4     crowded condition of the calendars in both houses create an
 2-5     emergency and an imperative public necessity that the
 2-6     constitutional rule requiring bills to be read on three several
 2-7     days in each house be suspended, and this rule is hereby suspended,
 2-8     and that this Act take effect and be in force from and after its
 2-9     passage, and it is so enacted.