76R14153 KLA-F                          
         By Harris                                             S.B. No. 1106
         Substitute the following for S.B. No. 1106:
         By Hartnett                                       C.S.S.B. No. 1106
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a statement of facts concerning the identity of heirs.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 52, Texas Probate Code, is amended to
 1-5     read as follows:
 1-6           Sec. 52.  RECORDED INSTRUMENTS AS PRIMA FACIE EVIDENCE.  (a)
 1-7     A [Any] statement of facts concerning the family history,
 1-8     genealogy, marital status, or the identity of the heirs of a
 1-9     decedent shall be received in a proceeding to declare heirship, or
1-10     in a [any] suit involving title to real or personal property, as
1-11     prima facie evidence of the facts therein stated, if the [when
1-12     such] statement is contained in either an affidavit or any other
1-13     instrument legally executed and acknowledged or sworn to before,
1-14     and certified by, an officer authorized to take acknowledgments or
1-15     oaths as applicable, or any judgment of a court of record, and if
1-16     the [such] affidavit or instrument has been of record for five
1-17     years or more in the deed records of any county in this state in
1-18     which such real or personal property is located at the time the
1-19     suit is instituted, or in the deed records of any county of this
1-20     state in which the decedent had his domicile or fixed place of
1-21     residence at the time of his death.  If there is any error in the
1-22     statement of facts in such recorded affidavit or instrument, the
1-23     true facts may be proved by anyone interested in the proceeding in
1-24     which said affidavit or instrument is offered in evidence.
 2-1           (b)  An affidavit of facts concerning the identity of heirs
 2-2     of a decedent as to an interest in real property that is filed in a
 2-3     proceeding or suit described by Subsection (a) of this section may
 2-4     be in the form described by Section 52A of this code.
 2-5           (c)  An affidavit of facts concerning the identity of heirs
 2-6     of a decedent does not affect the rights of an omitted heir or a
 2-7     creditor of the decedent as otherwise provided by law.  This
 2-8     statute shall be cumulative of all other statutes on the  same
 2-9     subject, and shall not be construed as abrogating any right to
2-10     present evidence or to rely on an affidavit of facts conferred by
2-11     any other statute or rule of law.
2-12           SECTION 2.  Chapter III, Texas Probate Code, is amended by
2-13     adding Section 52A to read as follows:
2-14           Sec. 52A.  FORM OF AFFIDAVIT OF FACTS CONCERNING IDENTITY OF
2-15     HEIRS. An affidavit of facts concerning the identity of heirs of a
2-16     decedent may be in substantially the following form:
2-17             AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS
2-18           Before me, the undersigned authority, on this day personally
2-19     appeared _____________ ("Affiant") (insert name of affiant) who,
2-20     being first duly sworn, upon his/her oath states:
2-21           1.  My name is ____________ (insert name of affiant), and I
2-22     live at ______________ (insert address of affiant's residence).  I
2-23     am personally familiar with the family and marital history of
2-24     _____________ ("Decedent") (insert name of decedent), and I have
2-25     personal knowledge of the facts stated in this affidavit.
2-26           2.  I knew decedent from ___________ (insert date) until
2-27     ___________ (insert date).  Decedent died on __________ (insert
 3-1     date of death).  Decedent's place of death was __________ (insert
 3-2     place of death).  At the time of decedent's death, decedent's
 3-3     residence was __________ (insert address of decedent's residence).
 3-4           3.  Decedent's marital history was as
 3-5     follows:_________(insert marital history and, if decedent's spouse
 3-6     is deceased, insert date and place of spouse's death).
 3-7           4.  Decedent had the following children:__________(insert
 3-8     name, birth date, name of other parent, and current address of
 3-9     child or date of death of child and descendants of deceased child,
3-10     as applicable, for each child).
3-11           5.  Decedent did not have or adopt any other children and did
3-12     not take any other children into decedent's home or raise any other
3-13     children, except: ___________ (insert name of child or names of
3-14     children, or state "none").
3-15           6.  (Include if decedent was not survived by descendants.)
3-16     Decedent's mother was:__________(insert name, birth date, and
3-17     current address or date of death of mother, as applicable).
3-18           7.  (Include if decedent was not survived by descendants.)
3-19     Decedent's father was:__________(insert name, birth date, and
3-20     current address or date of death of father, as applicable).
3-21           8.  (Include if decedent was not survived by descendants or
3-22     by both mother and father.)  Decedent had the following
3-23     siblings:___________(insert name, birth date, and current address
3-24     or date of death of each sibling and parents of each sibling and
3-25     descendants of each deceased sibling, as applicable, or state
3-26     "none").
3-27           9.  (Optional.)  The following persons have knowledge
 4-1     regarding the decedent, the identity of decedent's children, if
 4-2     any, parents, or siblings, if any: _____________ (insert names of
 4-3     persons with knowledge, or state "none").
 4-4           10.  Decedent died without leaving a written will.  (Modify
 4-5     statement if decedent left a written will.)
 4-6           11.  There has been no administration of decedent's estate.
 4-7     (Modify statement if there has been administration of decedent's
 4-8     estate.)
 4-9           12.  Decedent left no debts that are unpaid, except:
4-10     ____________ (insert list of debts, or state "none").
4-11           13.  There are no unpaid estate or inheritance taxes, except:
4-12     ______________ (insert list of unpaid taxes, or state "none").
4-13           14.  To the best of my knowledge, decedent owned an interest
4-14     in the following real property: ________________ (insert list of
4-15     real property in which decedent owned an interest, or state
4-16     "none").
4-17           15.  (Optional.)  The following were the heirs of decedent:
4-18     __________ (insert names of heirs).
4-19           16.  (Insert additional information as appropriate, such as
4-20     size of the decedent's estate.)
4-21     Signed this ____ day of ____________, ______. 
4-22                                        ______________________
4-23                                        (signature of affiant)
4-24     State of ________________
4-25     County of _______________
4-26     Sworn to and subscribed to before me on ________________ (date) by
4-27     _____________________ (insert name of affiant).
 5-1                               _______________________________
 5-2                               (signature of notarial officer)
 5-3     (Seal, if any, of notary) _______________________________
 5-4                               (printed name)
 5-5                               My commission expires: ________
 5-6           SECTION 3.  (a)  This Act takes effect September 1, 1999, and
 5-7     applies only to an affidavit of facts concerning the identity of
 5-8     heirs of a decedent that is executed on or after the effective date
 5-9     of this Act.
5-10           (b)  An affidavit of facts concerning the identity of heirs
5-11     of a decedent that is executed before the effective date of this
5-12     Act is governed by the law in effect on the date the affidavit was
5-13     executed, and the former law is continued in effect for that
5-14     purpose.
5-15           SECTION 4.  The importance of this legislation and the
5-16     crowded condition of the calendars in both houses create an
5-17     emergency and an imperative public necessity that the
5-18     constitutional rule requiring bills to be read on three several
5-19     days in each house be suspended, and this rule is hereby suspended.