HBA-KDB H.B. 2731 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2731
By: Gray
Judicial Affairs
77/18/2001
Enrolled



BACKGROUND AND PURPOSE 

In a proceeding to determine the heirs of a person dying intestate, a
citation for determining heirship by publication is required. Although,
prior to the 77th Legislature, the Texas Probate Code did 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 required the appointment of an attorney ad litem when
service has been made by publication.  There was concern that since this
requirement was not explicitly found in the Texas Probate Code, a probate
judge might not have automatically appointed an attorney ad litem.  In
addition, state law did not prohibit a parent, managing conservator,
guardian, attorney ad litem, or guardian ad litem (guardian) of a
distributee who was at least 12 years of age but younger than 19 years of
age (minor) from waiving citation required to be served on the distributee.
House Bill 2731 places in the Texas Probate Code the current requirement
that a probate 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

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2731 amends the Texas Probate Code to require the probate court
to appoint an attorney ad litem to represent the interests of unknown
heirs.  The bill 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 for
determining heirship required to be served on the distributee. 

EFFECTIVE DATE

September 1, 2001.