By:  Hartnett (Senate Sponsor - Wentworth)                        H.B. No. 3434
	(In the Senate - Received from the House May 10, 2005; 
May 12, 2005, read first time and referred to Committee on 
Jurisprudence; May 20, 2005, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 5, Nays 0; 
May 20, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 3434                                   By:  Wentworth


A BILL TO BE ENTITLED

AN ACT


relating to testamentary and nontestamentary transfers of property 
and other benefits and the administration of those benefits.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 131A(d), Texas Probate Code, is amended 
to read as follows:
	(d)  Not later than the third business day after [On] the 
date of the order, the appointee shall file with the county clerk a 
bond in the amount ordered by the court.  In this subsection, 
"business day" means a day other than a Saturday, Sunday, or holiday 
recognized by this state.
	SECTION 2.  Section 248, Texas Probate Code, is amended to 
read as follows:  
	Sec. 248.  APPOINTMENT OF APPRAISERS.  At any time after the 
grant of letters testamentary or of administration, [upon the 
application of any interested person or if the court shall deem 
necessary,] the court for good cause on its own motion or on the 
motion of an interested party shall appoint not less than one nor 
more than three disinterested persons, citizens of the county in 
which letters were granted, to appraise the property of the estate.  
In such event and when part of the estate is situated in a county 
other than the county in which letters were granted, if the court 
shall deem necessary it may appoint not less than one nor more than 
three disinterested persons, citizens of the county where such part 
of the estate is situated, to appraise the property of the estate 
situated therein.
	SECTION 3.  Subchapter A, Chapter 113, Property Code, is 
amended by adding Section 113.028 to read as follows:
	Sec. 113.028.  CERTAIN CLAIMS AND CAUSES OF ACTION 
PROHIBITED.  (a)  A trustee may not prosecute or assert a claim for 
damages in a cause of action against a party who is not a 
beneficiary of the trust if each beneficiary of the trust provides 
written notice to the trustee of the beneficiary's opposition to 
the trustee's prosecuting or asserting the claim in the cause of 
action.
	(b)  This section does not apply to a cause of action that is 
prosecuted by a trustee in the trustee's individual capacity.
	(c)  The trustee is not liable for failing to prosecute or 
assert a claim in a cause of action if prohibited by the 
beneficiaries under Subsection (a).
	SECTION 4.  (a)  Sections 131A and 248, Texas Probate Code, 
as amended by this Act, apply only to the estate of a decedent who 
dies on or after the effective date of this Act.  The estate of a 
decedent who dies before the effective date of this Act is governed 
by the law in effect on the date of the decedent's death, and the 
former law is continued in effect for that purpose.
	(b)  Section 113.028, Property Code, as added by this Act, 
applies only to a cause of action filed on or after the effective 
date of this Act.  A cause of action filed before the effective date 
of this Act is governed by the law in effect on the date the cause of 
action was filed, and the former law is continued in effect for that 
purpose.
	SECTION 5.  This Act takes effect September 1, 2005.                           



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