By Naishtat H.B. No. 483
77R1274 JMG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the removal from the statutes of certain antiquated or
1-3 unnecessary words referring to incapacitated persons.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 117.052(c), Local Government Code, is
1-6 amended to read as follows:
1-7 (c) A clerk is responsible for funds deposited into the
1-8 registry fund from the following sources:
1-9 (1) funds of minors[, lunatics, idiots,] or
1-10 incapacitated persons [determined to be non compos mentis];
1-11 (2) funds tendered in an interpleader action;
1-12 (3) funds paid in satisfaction of a judgment;
1-13 (4) child support funds held for more than three days;
1-14 (5) cash bonds;
1-15 (6) cash bail bonds;
1-16 (7) funds in an eminent domain proceeding; and
1-17 (8) any other funds tendered to the clerk for deposit
1-18 into the registry of the court.
1-19 SECTION 2. Section 117.112, Local Government Code, is amended
1-20 to read as follows:
1-21 Sec. 117.112. MONEY AFFECTED. This subchapter applies to
1-22 the following kinds of money paid into the registry of any court
1-23 for which a clerk is or may become responsible:
1-24 (1) funds of minors[, lunatics, idiots,] or
2-1 incapacitated [non compos mentis] persons;
2-2 (2) funds tendered in connection with a bill in
2-3 interpleader; or
2-4 (3) any other funds.
2-5 SECTION 3. Section 93, Texas Probate Code, is amended to read
2-6 as follows:
2-7 Sec. 93. PERIOD FOR CONTESTING PROBATE. After a will has
2-8 been admitted to probate, any interested person may institute suit
2-9 in the proper court to contest the validity thereof, within two
2-10 years after such will shall have been admitted to probate, and not
2-11 afterward, except that any interested person may institute suit in
2-12 the proper court to cancel a will for forgery or other fraud within
2-13 two years after the discovery of such forgery or fraud, and not
2-14 afterward. Provided, however, that incapacitated persons [non
2-15 compos mentis and minors] shall have two years after the removal of
2-16 their [respective] disabilities within which to institute such
2-17 contest.
2-18 SECTION 4. This Act takes effect immediately if it receives
2-19 a vote of two-thirds of all the members elected to each house, as
2-20 provided by Section 39, Article III, Texas Constitution. If this
2-21 Act does not receive the vote necessary for immediate effect, this
2-22 Act takes effect September 1, 2001.