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 * * * * *