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. 1-40 * * * * *