SRC-JBJ H.B. 2731 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2731
77R1303 MTB-FBy: Gray (Bernsen)
Jurisprudence
5/8/2001
Engrossed


DIGEST AND PURPOSE 

In a proceeding to determine the heirs of a person dying intestate, a
citation for determining heirship by publication is required.  Although the
Texas Probate Code does not explicitly require a probate judge to appoint
an attorney ad litem to represent the interest of unknown heirs in an
heirship proceeding, the Texas Rules of Civil Procedure require the
appointment of an attorney ad litem when service has been made by
publication.  There is some concern that since this requirement is not
explicitly found in the Texas Probate Code, a probate judge may not
automatically appoint an attorney ad litem.  In addition, current law does
not prohibit a parent, managing conservator, guardian, attorney ad litem,
or guardian ad litem of a distributee who is at least 12 years of age but
younger than 19 years of age from waiving citation required to be served on
the distributee.  H.B. 2731 places in the Texas Probate Code the current
requirement that a court appoint an attorney ad litem to represent the
interest of unknown heirs, and prohibits a guardian of a minor from waiving
citation for determining heirship required to be served on the minor.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 34A, Texas Probate Code, to provide an exception
to this section. 

SECTION 2.  Amends Section 50, Texas Probate Code, by amending Subsection
(b) and adding Subsection (e), to require citation, to determine whether
there are any other heirs, to also be served on unknown heirs by
publication in the manner provided by this subsection.  Prohibits a parent,
managing conservator, guardian, attorney ad litem, or guardian ad litem of
a distributee who is at least 12 years of age but younger than 19 years of
age from waiving citation required to be served on the distributee under
this section. 
 
SECTION 3.  Amends the heading of Section 53, Texas Probate Code, to read
as follows: 

 Sec. 53.  EVIDENCE; UNKNOWN PARTIES AND INCAPACITATED PERSONS
 
SECTION 4.  Amends Section 53, Texas Probate Code, by adding Subsection
(c), to require the court to appoint an attorney ad litem to represent the
interests of unknown heirs. 

SECTION 5.  Makes application of this Act prospective.

SECTION 6.  Effective date: September 1, 2001.