By Ellis S.B. No. 1551 76R4134 CLG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a resident agent appointed to accept service of process 1-3 in a probate proceeding or other action related to a decedent's 1-4 estate. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Part 3, Chapter VII, Texas Probate Code, is 1-7 amended by adding Sections 221A and 221B to read as follows: 1-8 Sec. 221A. CHANGE OF RESIDENT AGENT. (a) A personal 1-9 representative may change its resident agent to accept service of 1-10 process in a probate proceeding or other action relating to the 1-11 estate by filing a statement of the change entitled "Designation of 1-12 Successor Resident Agent" with the court in which the probate 1-13 proceeding is pending. The statement must contain the names and 1-14 addresses of the: 1-15 (1) personal representative; 1-16 (2) resident agent; and 1-17 (3) successor resident agent. 1-18 (b) The designation of a successor resident agent made in a 1-19 statement filed under this section takes effect on the date on 1-20 which the statement is filed with the court. 1-21 Sec. 221B. RESIGNATION OF RESIDENT AGENT. (a) A resident 1-22 agent of a personal representative may resign as the resident agent 1-23 by giving notice to the personal representative and filing with the 1-24 court in which the probate proceeding is pending a statement 2-1 entitled "Resignation of Resident Agent" that: 2-2 (1) contains the name of the personal representative; 2-3 (2) contains the address of the personal 2-4 representative most recently known by the resident agent; 2-5 (3) states that notice of the resignation has been 2-6 given to the personal representative and that the personal 2-7 representative has not designated a successor resident agent; and 2-8 (4) contains the date on which the notice of the 2-9 resignation was given to the personal representative. 2-10 (b) The resident agent shall send, by certified mail, return 2-11 receipt requested, a copy of a resignation statement filed under 2-12 Subsection (a) of this section to: 2-13 (1) the personal representative at the address most 2-14 recently known by the agent; and 2-15 (2) each party in the case or the party's attorney or 2-16 other designated representative of record. 2-17 (c) The resignation of a resident agent takes effect on the 2-18 date on which the court enters an order accepting the agent's 2-19 resignation. A court may not enter an order accepting the agent's 2-20 resignation unless the agent complies with the requirements of this 2-21 section. 2-22 SECTION 2. Sections 221A and 221B, Texas Probate Code, as 2-23 added by this Act, apply only to a change in designation of or a 2-24 resignation of a resident agent made on or after the effective date 2-25 of this Act. The change in designation of or the resignation of a 2-26 resident agent made before the effective date of this Act is 2-27 governed by the law in effect when the change in designation of or 3-1 the resignation of the resident agent occurred, and the former law 3-2 is continued in effect for that purpose. 3-3 SECTION 3. This Act takes effect September 1, 1999. 3-4 SECTION 4. The importance of this legislation and the 3-5 crowded condition of the calendars in both houses create an 3-6 emergency and an imperative public necessity that the 3-7 constitutional rule requiring bills to be read on three several 3-8 days in each house be suspended, and this rule is hereby suspended.