77R12266 MTB-F                          
         By Madla                                              S.B. No. 1407
         Substitute the following for S.B. No. 1407:
         By Hartnett                                       C.S.S.B. No. 1407
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the sale of livestock by a personal representative of a
 1-3     decedent's estate.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 335, Texas Probate Code, is amended to
 1-6     read as follows:
 1-7           Sec. 335.  SPECIAL PROVISIONS PERTAINING TO LIVESTOCK.  When
 1-8     the personal representative of an estate has in his possession any
 1-9     livestock which he deems necessary or to the advantage of the
1-10     estate to sell, he may, in addition to any other method provided by
1-11     law for the sale of personal property, obtain authority from the
1-12     court in which the estate is pending to sell such livestock through
1-13     a bonded livestock commission merchant, or a bonded livestock
1-14     auction commission merchant.  Such authority may be granted by the
1-15     court upon written and sworn application by the personal
1-16     representative, or by any person interested in the estate,
1-17     describing the livestock sought to be sold, and setting out the
1-18     reasons why it is deemed necessary or to the advantage of the
1-19     estate that the application be granted.  The court shall forthwith
1-20     consider any such application, and may, in its discretion, hear
1-21     evidence for or against the same, with or without notice, as the
1-22     facts warrant.  If the application be granted, the court shall
1-23     enter its order to that effect, and shall authorize delivery of the
1-24     livestock to any bonded livestock commission merchant or bonded
 2-1     livestock auction commission merchant for sale in the regular
 2-2     course of business.  The commission merchant shall be paid his
 2-3     usual and customary charges, not to exceed five [three] per cent of
 2-4     the sale price, for the sale of such livestock.  A report of such
 2-5     sale, supported by a verified copy of the merchant's account of
 2-6     sale, shall be made promptly by the personal representative to the
 2-7     court, but no order of confirmation by the court is required to
 2-8     pass title to the purchaser of such livestock.
 2-9           SECTION 2. This Act takes effect September 1, 2001, and
2-10     applies only to the estate of a decedent who dies on or after that
2-11     date.  The estate of a decedent who dies before the effective date
2-12     of this Act is governed by the law in effect on the date of the
2-13     decedent's death, and the former law is continued in effect for
2-14     that purpose.