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.