BILL ANALYSIS

 

 

                                                                                                                                    C.S.H.B. 3434

                                                                                                                                        By: Hartnett

                                                                                                                                              Judiciary

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

The bill is intended to clarify statutes pertaining to administration of decedents' estates.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

The bill amends Section 248, Texas Probate Code, to specify that a court may appoint appraisers on its own motion and also adds a standard of good cause shown for the appointment of appraisers. The bill also extends the time for an appointed temporary administrator under Section 131A to post a bond to 3 business days. Section 3 of the bill prohibits a trustee from proceeding with a cause of action in his representative capacity over the objection of the beneficiary, with administrative exceptions.

 

EFFECTIVE DATE

 

September 1, 2005

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The substitute adds Section 3 relating to restriction of lawsuits by trustees.