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.