BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 343

80R8406 CLG-F                                                                                             By: Naishtat (Carona)

                                                                                                                                       State Affairs

                                                                                                                                            5/16/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

One of the duties of court clerks is to report to the voter registrar on recent deaths so that the registrar may keep voting rolls current.  Under current law, the clerk of a court having probate jurisdiction is required to each month prepare an abstract of each application filed during that month for probate of will or administration of a decedent's estate.  However, these two applications do not exhaust all the types of applications received by court clerks that would indicate recent deaths.  Therefore, many deaths may be unreported to the voting registrar.

 

H.B. 343 includes applications for determination of heirship and affidavits for the collection of small estates to the list of proceedings for which a court clerk is required to prepare an abstract for the voting registrar. 

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 16.001(b), Election Code, to require the clerk of each court having probate jurisdiction to prepare an abstract each month of each application for determination of heirship and each affidavit under Section 137 (Collection of Small Estates Upon Affidavit), Texas Probate Code, that is filed in the month with a court served by the clerk.

 

SECTION 2.  Makes application of this Act prospective to October 10, 2007.

 

SECTION 3.  Effective date: September 1, 2007.