By Corte H.B. No. 3578
76R4334 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a bond required to be filed by the executor of a
1-3 decedent's estate.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 214, Texas Probate Code, is amended to
1-6 read as follows:
1-7 Sec. 214. EXECUTOR WITHOUT BOND REQUIRED TO GIVE BOND.
1-8 (a) Where no bond is required of an executor appointed by will,
1-9 any person having a debt, claim, or demand against the estate, to
1-10 the justice of which oath has been made by himself, his agent, or
1-11 attorney, or any other person interested in such estate, whether in
1-12 person or as the representative of another, may file a complaint in
1-13 writing in the court where such will is probated, and the court
1-14 shall thereupon cite such executor to appear and show cause why he
1-15 should not be required to give bond.
1-16 (b) A testator may not provide that a complaint filed by a
1-17 person under this section revokes any bequest or devise of property
1-18 or an interest in property to the person in the testator's will.
1-19 SECTION 2. This Act takes effect September 1, 1999, and
1-20 applies only to a will executed on or after that date. A will
1-21 executed before the effective date of this Act is governed by the
1-22 law in effect on the date the will was executed, and the former law
1-23 is continued in effect for that purpose.
1-24 SECTION 3. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended.