1-1     By:  Madla                                            S.B. No. 1407
 1-2           (In the Senate - Filed March 8, 2001; March 13, 2001, read
 1-3     first time and referred to Committee on Jurisprudence;
 1-4     April 3, 2001, reported favorably by the following vote:  Yeas 6,
 1-5     Nays 0; April 3, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to sale of livestock by a personal representative of a
 1-9     decedent's estate.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 335, Texas Probate Code, is amended to
1-12     read as follows:
1-13           Sec. 335.  SPECIAL PROVISIONS PERTAINING TO LIVESTOCK.  When
1-14     the personal representative of an estate has in his possession any
1-15     livestock which he deems necessary or to the advantage of the
1-16     estate to sell, he may, in addition to any other method provided by
1-17     law for the sale of personal property, obtain authority from the
1-18     court in which the estate is pending to sell such livestock through
1-19     a bonded livestock commission merchant, or a bonded livestock
1-20     auction commission merchant.  Such authority may be granted by the
1-21     court upon written and sworn application by the personal
1-22     representative, or by any person interested in the estate,
1-23     describing the livestock sought to be sold, and setting out the
1-24     reasons why it is deemed necessary or to the advantage of the
1-25     estate that the application be granted.  The court shall forthwith
1-26     consider any such application, and may, in its discretion, hear
1-27     evidence for or against the same, with or without notice, as the
1-28     facts warrant.  If the application be granted, the court shall
1-29     enter its order to that effect, and shall authorize delivery of the
1-30     livestock to any bonded livestock commission merchant or bonded
1-31     livestock auction commission merchant for sale in the regular
1-32     course of business.  The commission merchant shall be paid his
1-33     usual and customary charges[, not to exceed three per cent of the
1-34     sale price,] for the sale of such livestock.  A report of such
1-35     sale, supported by a verified copy of the merchant's account of
1-36     sale, shall be made promptly by the personal representative to the
1-37     court, but no order of confirmation by the court is required to
1-38     pass title to the purchaser of such livestock.
1-39           SECTION 2.  This Act takes effect September 1, 2001, and the
1-40     changes in law made by this Act to Section 335, Texas Probate Code,
1-41     apply only to the estates of persons who die on or after that date.
1-42     The estates of persons who die before the effective date of this
1-43     Act are governed by the law in effect on the date the person dies,
1-44     and the former law is continued in effect for that purpose.
1-45                                  * * * * *