By Ellis S.B. No. 1552
76R4135 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to removal of personal representatives of decedents'
1-3 estates.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 222(a), Texas Probate Code, is amended to
1-6 read as follows:
1-7 (a) Without Notice. (1) The court, on its own motion or on
1-8 motion of any interested person, and without notice, may remove any
1-9 personal representative, appointed under provisions of this Code,
1-10 who:
1-11 (A) Neglects to qualify in the manner and time
1-12 required by law;
1-13 (B) Fails to return within ninety days after
1-14 qualification, unless such time is extended by order of the court,
1-15 an inventory of the property of the estate and list of claims that
1-16 have come to his knowledge;
1-17 (C) Having been required to give a new bond,
1-18 fails to do so within the time prescribed;
1-19 (D) Absents himself from the State for a period
1-20 of three months at one time without permission of the court, or
1-21 removes from the State;
1-22 (E) Cannot be served with notices or other
1-23 processes because of the fact that the:
1-24 (i) personal representative's [by reason
2-1 of the fact that his] whereabouts are unknown;
2-2 (ii) personal representative [, or by
2-3 reason of the fact that he] is eluding service; or
2-4 (iii) personal representative is a
2-5 nonresident of this state who does not have a resident agent to
2-6 accept service of process in any probate proceeding or other action
2-7 relating to the estate; or
2-8 (F) Has misapplied, embezzled, or removed from
2-9 the State, or is about to misapply, embezzle, or remove from the
2-10 State, all or any part of the property committed to the personal
2-11 representative's care.
2-12 (2) The court may remove a personal representative
2-13 under Paragraph (F), Subdivision (1), of this subsection only on
2-14 the presentation of clear and convincing evidence given under oath.
2-15 SECTION 2. The changes in law made by this Act to Section
2-16 222(a), Texas Probate Code, apply only to a motion for the removal
2-17 of a personal representative made or filed on or after the
2-18 effective date of this Act. A motion for the removal of a personal
2-19 representative made or filed before the effective date of this Act
2-20 is governed by the law in effect on the date the motion was made or
2-21 filed, and the former law is continued in effect for 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
2-27 days in each house be suspended, and this rule is hereby suspended.