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.
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