By: Ellis S.B. No. 1552
A BILL TO BE ENTITLED
AN ACT
1-1 relating to removal of personal representatives of decedents'
1-2 estates.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 222, Texas Probate Code,
1-5 is amended to read as follows:
1-6 (a) Without Notice. (1) The court, on its own motion or on
1-7 motion of any interested person, and without notice, may remove any
1-8 personal representative, appointed under provisions of this Code,
1-9 who:
1-10 (A) Neglects to qualify in the manner and time
1-11 required by law;
1-12 (B) Fails to return within ninety days after
1-13 qualification, unless such time is extended by order of the court,
1-14 an inventory of the property of the estate and list of claims that
1-15 have come to his knowledge;
1-16 (C) Having been required to give a new bond,
1-17 fails to do so within the time prescribed;
1-18 (D) Absents himself from the State for a period
1-19 of three months at one time without permission of the court, or
1-20 removes from the State;
1-21 (E) Cannot be served with notices or other
1-22 processes because of the fact that the:
1-23 (i) personal representative's [by reason
1-24 of the fact that his] whereabouts are unknown;
2-1 (ii) personal representative [, or by
2-2 reason of the fact that he] is eluding service; or
2-3 (iii) personal representative is a
2-4 nonresident of this state who does not have a resident agent to
2-5 accept service of process in any probate proceeding or other action
2-6 relating to the estate; or
2-7 (F) Has misapplied, embezzled, or removed from
2-8 the State, or is about to misapply, embezzle, or remove from the
2-9 State, all or any part of the property committed to the personal
2-10 representative's care.
2-11 (2) The court may remove a personal representative
2-12 under Paragraph (F), Subdivision (1), of this subsection only on
2-13 the presentation of clear and convincing evidence given under oath.
2-14 SECTION 2. The changes in law made by this Act to Subsection
2-15 (a), Section 222, Texas Probate Code, apply only to a motion for
2-16 the removal of a personal representative made or filed on or after
2-17 the effective date of this Act. A motion for the removal of a
2-18 personal representative made or filed before the effective date of
2-19 this Act is governed by the law in effect on the date the motion
2-20 was made or filed, and the former law is continued in effect for
2-21 that purpose.
2-22 SECTION 3. This Act takes effect September 1, 1999.
2-23 SECTION 4. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.