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.
1-53 * * * * *