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.