By: Cain S.B. No. 1479
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the qualifications of foreign personal representatives
1-2 of an estate involved in a wrongful death or survival action.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 71, Civil Practices and
1-5 Remedies Code, is amended by adding Section 71.012 to read as
1-6 follows:
1-7 Sec. 71.012. QUALIFICATION OF FOREIGN PERSONAL
1-8 REPRESENTATIVE. If the executor or administrator of the estate of
1-9 a nonresident individual is the plaintiff in an action under this
1-10 subchapter, the foreign personal representative of the estate who
1-11 has complied with the requirements of Section 95, Texas Probate
1-12 Code, for the probate of a foreign will is not required to apply
1-13 for ancillary letters testamentary under Section 105, Texas Probate
1-14 Code in order to bring and prosecute the action.
1-15 SECTION 2. Subchapter B, Chapter 71, Civil Practices and
1-16 Remedies Code, is amended by adding Section 71.022 to read as
1-17 follows:
1-18 Sec. 71.022. QUALIFICATION OF FOREIGN PERSONAL
1-19 REPRESENTATIVE. If the executor or administrator of the estate of
1-20 a nonresident individual is the plaintiff in an action under this
1-21 subchapter, the foreign personal representative of the estate who
1-22 has complied with the requirements of Section 95, Texas Probate
2-1 Code, for the probate of a foreign will is not required to apply
2-2 for ancillary letters testamentary under Section 105, Texas Probate
2-3 Code in order to bring and prosecute the action.
2-4 SECTION 3. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended,
2-9 and that this Act take effect and be in force from and after its
2-10 passage, and it is so enacted.