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.