1-1     By:  Naishtat (Senate Sponsor - Moncrief)              H.B. No. 483
 1-2           (In the Senate - Received from the House April 2, 2001;
 1-3     April 3, 2001, read first time and referred to Committee on
 1-4     Jurisprudence; May 1, 2001, reported favorably by the following
 1-5     vote:  Yeas 6, Nays 0; May 1, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the removal from the statutes of certain antiquated or
 1-9     unnecessary words referring to incapacitated persons.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 117.052(c), Local Government Code, is
1-12     amended to read as follows:
1-13           (c)  A clerk is responsible for funds deposited into the
1-14     registry fund from the following sources:
1-15                 (1)  funds of minors[, lunatics, idiots,] or
1-16     incapacitated persons [determined to be non compos mentis];
1-17                 (2)  funds tendered in an interpleader action;
1-18                 (3)  funds paid in satisfaction of a judgment;
1-19                 (4)  child support funds held for more than three days;
1-20                 (5)  cash bonds;
1-21                 (6)  cash bail bonds;
1-22                 (7)  funds in an eminent domain proceeding; and
1-23                 (8)  any other funds tendered to the clerk for deposit
1-24     into the registry of the court.
1-25           SECTION 2. Section 117.112, Local Government Code, is amended
1-26     to read as follows:
1-27           Sec. 117.112.  MONEY AFFECTED.  This subchapter applies to
1-28     the following kinds of money paid into the registry of any court
1-29     for which a clerk is or may become responsible:
1-30                 (1)  funds of minors[, lunatics, idiots,] or
1-31     incapacitated [non compos mentis] persons;
1-32                 (2)  funds tendered in connection with a bill in
1-33     interpleader; or
1-34                 (3)  any other funds.
1-35           SECTION 3. Section 93, Texas Probate Code, is amended to read
1-36     as follows:
1-37           Sec. 93.  PERIOD FOR CONTESTING PROBATE.  After a will has
1-38     been admitted to probate, any interested person may institute suit
1-39     in the proper court to contest the validity thereof, within two
1-40     years after such will shall have been admitted to probate, and not
1-41     afterward, except that any interested person may institute suit in
1-42     the proper court to cancel a will for forgery or other fraud within
1-43     two years after the discovery of such forgery or fraud, and not
1-44     afterward.  Provided, however, that incapacitated persons [non
1-45     compos mentis and minors] shall have two years after the removal of
1-46     their [respective] disabilities within which to institute such
1-47     contest.
1-48           SECTION 4.  This Act takes effect immediately if it receives
1-49     a vote of two-thirds of all the members elected to each house, as
1-50     provided by Section 39, Article III, Texas Constitution.  If this
1-51     Act does not receive the vote necessary for immediate effect, this
1-52     Act takes effect September 1, 2001.
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