1-1     By:  Hartnett (Senate Sponsor - Cain)                 H.B. No. 3477
 1-2           (In the Senate - Received from the House May 3, 1999;
 1-3     May 3, 1999, read first time and referred to Committee on
 1-4     Administration; May 6, 1999, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; May 6, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the qualification of a foreign personal representative
 1-9     of an estate involved in a wrongful death or survival action.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subchapter A, Chapter 71, Civil Practice and
1-12     Remedies Code, is amended by adding Section 71.012 to read as
1-13     follows:
1-14           Sec. 71.012.  QUALIFICATION OF FOREIGN PERSONAL
1-15     REPRESENTATIVE.  If the executor  or administrator of the estate of
1-16     a nonresident individual is the plaintiff in an action under this
1-17     subchapter, the foreign personal representative of the estate who
1-18     has complied with the requirements of Section 95, Texas Probate
1-19     Code, for the probate of a foreign will is not required to apply
1-20     for ancillary letters testamentary under Section 105, Texas Probate
1-21     Code, to bring and prosecute the action.
1-22           SECTION 2.  Subchapter B, Chapter 71, Civil Practice and
1-23     Remedies Code, is amended by adding Section 71.022 to read as
1-24     follows:
1-25           Sec. 71.022.  QUALIFICATION OF FOREIGN PERSONAL
1-26     REPRESENTATIVE.  If the executor or administrator of the estate of
1-27     a nonresident individual is the plaintiff in an action under this
1-28     subchapter, the foreign personal representative of the estate who
1-29     has complied with the requirements of Section 95, Texas Probate
1-30     Code, for the probate of a foreign will is not required to apply
1-31     for ancillary letters testamentary under Section 105, Texas Probate
1-32     Code, to bring and prosecute the action.
1-33           SECTION 3.  The importance of this legislation and the
1-34     crowded condition of the calendars in both houses create an
1-35     emergency and an imperative public necessity that the
1-36     constitutional rule requiring bills to be read on three several
1-37     days in each house be suspended, and this rule is hereby suspended,
1-38     and that this Act take effect and be in force from and after its
1-39     passage, and it is so enacted.
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