1-1 By: Ellis S.B. No. 1021
1-2 (In the Senate - Filed March 9, 1999; March 10, 1999, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 March 25, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 3, Nays 0; March 25, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1021 By: Ellis
A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to records of probate and guardianship proceedings.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter I, Texas Probate Code, is amended by
1-12 amending Sections 15, 17, and 18 and adding Section 17A to read as
1-13 follows:
1-14 Sec. 15. CASE FILES [PROBATE MINUTES AND PAPERS TO BE
1-15 RECORDED THEREIN]. The county clerk shall maintain a case file for
1-16 each decedent's estate in which a probate proceeding has been
1-17 filed. The case file must contain [keep a record book styled
1-18 "Probate Minutes," and shall enter therein in full] all orders,
1-19 judgments, [decrees,] and proceedings of the court and any other
1-20 probate filing with the court, including all [together with the
1-21 following]:
1-22 (1) [(a) All] applications for the probate of wills
1-23 and for the granting of administration;[.]
1-24 (2) [(b) All] citations and notices, whether published
1-25 or posted, with the returns thereon;[.]
1-26 (3) [(c) All] wills and the testimony upon which the
1-27 same are admitted to probate, provided that the substance only of
1-28 depositions shall be recorded;[.]
1-29 (4) [(d) All] bonds and official oaths;[.]
1-30 (5) [(e) All] inventories, appraisements, and lists of
1-31 claims;[.]
1-32 (6) [(f) All] exhibits and accounts;[.]
1-33 (7) [(g) All] reports of hiring, renting, or sale;[.]
1-34 (8) [(h) All] applications for sale or partition of
1-35 real estate and reports of sale and of commissioners of
1-36 partition;[.]
1-37 (9) [(i) All] applications for authority to execute
1-38 leases for mineral development, or for pooling or unitization of
1-39 lands, royalty, or other interest in minerals, or to lend or invest
1-40 money; and[.]
1-41 (10) [(j) All] reports of lending or investing money.
1-42 Sec. 17. MAINTAINING RECORDS IN LIEU OF RECORD BOOKS. In
1-43 lieu of keeping the record books described by Sections 13, 14, and
1-44 16 of this code, the county clerk may maintain the information
1-45 relating to a person's or estate's probate proceedings maintained
1-46 in those record books on a computer file, on microfilm, in the form
1-47 of a digitized optical image, or in another similar form of data
1-48 compilation.
1-49 Sec. 17A. INDEX. The county clerk shall properly index the
1-50 records [each record book,] and [shall] keep the index [it] open
1-51 for public inspection, but may [shall] not release the index from
1-52 the clerk's [let it out of his] custody.
1-53 Sec. 18. USE OF RECORDS AS EVIDENCE. The record books or
1-54 individual case files, including records on a computer file, on
1-55 microfilm, in the form of a digitized optical image, or in another
1-56 similar form of data compilation described in preceding sections
1-57 [Sections] of this code [Code], or certified copies or
1-58 reproductions of the records [thereof], shall be evidence in any
1-59 court of this state [State].
1-60 SECTION 2. Subpart C, Part 2, Chapter XIII, Texas Probate
1-61 Code, is amended by amending Sections 625, 627, and 628 and adding
1-62 Section 627A to read as follows:
1-63 Sec. 625. CASE FILES [GUARDIANSHIP MINUTES AND PAPERS TO BE
1-64 RECORDED THEREIN]. The county clerk shall maintain a case file for
2-1 each person's filed guardianship proceedings. The case file must
2-2 contain [keep a record book styled "Guardianship Minutes" and shall
2-3 enter in the guardianship minutes] all orders [in full], judgments,
2-4 [decrees,] and proceedings of the court and any other guardianship
2-5 filing with the court, including [in addition to] all:
2-6 (1) applications for the granting of guardianship;
2-7 (2) citations and notices, whether published or
2-8 posted, with the returns on the citations and notices;
2-9 (3) bonds and official oaths;
2-10 (4) inventories, appraisements, and lists of claims;
2-11 (5) exhibits and accounts;
2-12 (6) reports of hiring, renting, or sale;
2-13 (7) applications for sale or partition of real estate
2-14 and reports of sale and of commissioners of partition;
2-15 (8) applications for authority to execute leases for
2-16 mineral development, or for pooling or unitization of lands,
2-17 royalty, or other interest in minerals, or to lend or invest money;
2-18 (9) reports of lending or investing money; and
2-19 (10) reports of guardians of the persons.
2-20 Sec. 627. MAINTAINING RECORDS IN LIEU OF RECORD BOOKS. In
2-21 lieu of keeping the record books described by Sections 623, 624,
2-22 and 626 of this code, the county clerk may maintain the information
2-23 relating to a person's guardianship proceeding maintained in those
2-24 record books on a computer file, on microfilm, in the form of a
2-25 digitized optical image, or in another similar form of data
2-26 compilation.
2-27 Sec. 627A. INDEX. The county clerk shall properly index the
2-28 records [each record book] and keep the index [it] open for public
2-29 inspection but may not release the index [it] from the clerk's
2-30 custody.
2-31 Sec. 628. USE OF RECORDS AS EVIDENCE. The record books or
2-32 individual case files, including records on a computer file, on
2-33 microfilm, in the form of a digitized optical image, or in another
2-34 similar form of data compilation described in other sections of
2-35 this chapter, or certified copies or reproductions of the records,
2-36 [record books] shall be [are] evidence in any court of this state.
2-37 SECTION 3. This Act takes effect September 1, 1999.
2-38 SECTION 4. The importance of this legislation and the
2-39 crowded condition of the calendars in both houses create an
2-40 emergency and an imperative public necessity that the
2-41 constitutional rule requiring bills to be read on three several
2-42 days in each house be suspended, and this rule is hereby suspended.
2-43 * * * * *