1-1 By: Ellis S.B. No. 1551 1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read 1-3 first time and referred to Committee on Jurisprudence; 1-4 March 23, 1999, reported favorably by the following vote: Yeas 4, 1-5 Nays 0; March 23, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to a resident agent appointed to accept service of process 1-9 in a probate proceeding or other action related to a decedent's 1-10 estate. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Part 3, Chapter VII, Texas Probate Code, is 1-13 amended by adding Sections 221A and 221B to read as follows: 1-14 Sec. 221A. CHANGE OF RESIDENT AGENT. (a) A personal 1-15 representative may change its resident agent to accept service of 1-16 process in a probate proceeding or other action relating to the 1-17 estate by filing a statement of the change entitled "Designation of 1-18 Successor Resident Agent" with the court in which the probate 1-19 proceeding is pending. The statement must contain the names and 1-20 addresses of the: 1-21 (1) personal representative; 1-22 (2) resident agent; and 1-23 (3) successor resident agent. 1-24 (b) The designation of a successor resident agent made in a 1-25 statement filed under this section takes effect on the date on 1-26 which the statement is filed with the court. 1-27 Sec. 221B. RESIGNATION OF RESIDENT AGENT. (a) A resident 1-28 agent of a personal representative may resign as the resident agent 1-29 by giving notice to the personal representative and filing with the 1-30 court in which the probate proceeding is pending a statement 1-31 entitled "Resignation of Resident Agent" that: 1-32 (1) contains the name of the personal representative; 1-33 (2) contains the address of the personal 1-34 representative most recently known by the resident agent; 1-35 (3) states that notice of the resignation has been 1-36 given to the personal representative and that the personal 1-37 representative has not designated a successor resident agent; and 1-38 (4) contains the date on which the notice of the 1-39 resignation was given to the personal representative. 1-40 (b) The resident agent shall send, by certified mail, return 1-41 receipt requested, a copy of a resignation statement filed under 1-42 Subsection (a) of this section to: 1-43 (1) the personal representative at the address most 1-44 recently known by the agent; and 1-45 (2) each party in the case or the party's attorney or 1-46 other designated representative of record. 1-47 (c) The resignation of a resident agent takes effect on the 1-48 date on which the court enters an order accepting the agent's 1-49 resignation. A court may not enter an order accepting the agent's 1-50 resignation unless the agent complies with the requirements of this 1-51 section. 1-52 SECTION 2. Sections 221A and 221B, Texas Probate Code, as 1-53 added by this Act, apply only to a change in designation of or a 1-54 resignation of a resident agent made on or after the effective date 1-55 of this Act. The change in designation of or the resignation of a 1-56 resident agent made before the effective date of this Act is 1-57 governed by the law in effect when the change in designation of or 1-58 the resignation of the resident agent occurred, and the former law 1-59 is continued in effect for that purpose. 1-60 SECTION 3. This Act takes effect September 1, 1999. 1-61 SECTION 4. The importance of this legislation and the 1-62 crowded condition of the calendars in both houses create an 1-63 emergency and an imperative public necessity that the 1-64 constitutional rule requiring bills to be read on three several 2-1 days in each house be suspended, and this rule is hereby suspended. 2-2 * * * * *