82R31953 MTB-D
 
  By: Hartnett H.R. No. 2690
 
 
R E S O L U T I O N
 
         BE IT RESOLVED by the House of Representatives of the State of
  Texas, 82nd Legislature, Regular Session, 2011, That House Rule 13,
  Section 9(a), be suspended in part as provided by House Rule 13,
  Section 9(f), to enable the conference committee appointed to
  resolve the differences on Senate Bill 1198 (decedents' estates) to
  consider and take action on the following matters:
         (1)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on matters which are not included in
  either the house or senate version of the bill by adding the
  following sections to the bill:
         SECTION 1.08.  Section 34A, Texas Probate Code, is amended
  to read as follows:
         Sec. 34A.  ATTORNEYS AD LITEM. (a) Except as provided by
  Section 53(c) of this code, the judge of a probate court may appoint
  an attorney ad litem in any probate proceeding to represent the
  interests of:
               (1)  a person having a legal disability;
               (2)  [,] a nonresident;
               (3)  [,] an unborn or unascertained person;
               (4)  [, or] an unknown or missing heir; or
               (5)  an unknown or missing person entitled to property
  deposited in an account in the court's registry under Section
  408(b) of this code [in any probate proceeding].
         (b)  Subject to Subsection (c) of this section, an [Each]
  attorney ad litem appointed under this section is entitled to
  reasonable compensation for services in the amount set by the
  court. The court shall:
               (1)  tax the compensation [and to be taxed] as costs in
  the probate proceeding; or
               (2)  for an attorney ad litem appointed to represent
  the interests of an unknown or missing person described by
  Subsection (a)(5) of this section, order that the compensation be
  paid from money in the account described by that subdivision.
         (c)  The court order appointing an attorney ad litem to
  represent the interests of an unknown or missing person described
  by Subsection (a)(5) of this section must require the attorney ad
  litem to conduct a search for the person. Compensation paid under
  Subsection (b) of this section to the attorney ad litem may not
  exceed 10 percent of the amount on deposit in the account described
  by Subsection (a)(5) of this section on the date:
               (1)  the attorney ad litem reports to the court the
  location of the previously unknown or missing person; or
               (2)  the money in the account is paid to the comptroller
  as provided by Section 427 of this code.
         SECTION 1.13.  Subsections (a) and (b), Section 53C, Texas
  Probate Code, are amended to read as follows:
         (a)  This section applies in a proceeding to declare heirship
  of a decedent only with respect to an individual who[:
               [(1)     petitions the court for a determination of right
  of inheritance as authorized by Section 42(b) of this code; and
               [(2)]  claims to be a biological child of the
  decedent[, but with respect to whom a parent-child relationship
  with the decedent was not established as provided by Section
  160.201, Family Code,] or [who] claims inheritance through a
  biological child of the decedent[, if a parent-child relationship
  between the individual through whom the inheritance is claimed and
  the decedent was not established as provided by Section 160.201,
  Family Code].
         (b)  The presumption under Section 160.505, Family Code,
  that applies in establishing a parent-child relationship also
  applies in determining heirship in the probate court using the
  results of genetic testing ordered with respect to an individual
  described by Subsection (a) of this section, and the presumption
  may be rebutted in the same manner provided by Section 160.505,
  Family Code. [Unless the results of genetic testing of another
  individual who is an heir of the decedent are admitted as rebuttal
  evidence, the court shall find that the individual described by
  Subsection (a) of this section is an heir of the decedent if the
  results of genetic testing ordered under Section 53A of this
  chapter identify a tested individual who is an heir of the decedent
  as the ancestor of the individual described by Subsection (a) of
  this section.]
         SECTION 1.17.  Section 77, Texas Probate Code, is amended to
  read as follows:
         Sec. 77.  ORDER OF PERSONS QUALIFIED TO SERVE. Letters
  testamentary or of administration shall be granted to persons who
  are qualified to act, in the following order:
         (a)  To the person named as executor in the will of the
  deceased.
         (b)  To the surviving husband or wife.
         (c)  To the principal devisee or legatee of the testator.
         (d)  To any devisee or legatee of the testator.
         (e)  To the next of kin of the deceased, the nearest in order
  of descent first, and so on, and next of kin includes a person and
  his descendants who legally adopted the deceased or who have been
  legally adopted by the deceased.
         (f)  To a creditor of the deceased.
         (g)  To any person of good character residing in the county
  who applies therefor.
         (h)  To any other person not disqualified under the following
  section [Section]. When persons [applicants] are equally entitled,
  letters shall be granted to the person [applicant] who, in the
  judgment of the court, is most likely to administer the estate
  advantageously, or letters [they] may be granted to [any] two or
  more of those persons [such applicants].
         SECTION 1.32.  Part 1, Chapter VIII, Texas Probate Code, is
  amended by adding Section 254 to read as follows:
         Sec. 254.  PENALTY FOR FAILURE TO TIMELY FILE INVENTORY,
  APPRAISEMENT, AND LIST OF CLAIMS OR AFFIDAVIT IN LIEU OF. (a)  This
  section applies only to a personal representative, including an
  independent executor or administrator, who does not file an
  inventory, appraisement, and list of claims or affidavit in lieu of
  the inventory, appraisement, and list of claims, as applicable,
  within the period prescribed by Section 250 of this code or any
  extension granted by the court.
         (b)  Any person interested in the estate on written
  complaint, or the court on the court's own motion, may have a
  personal representative to whom this section applies cited to file
  the inventory, appraisement, and list of claims or affidavit in
  lieu of the inventory, appraisement, and list of claims, as
  applicable, and show cause for the failure to timely file.
         (c)  If the personal representative does not file the
  inventory, appraisement, and list of claims or affidavit in lieu of
  the inventory, appraisement, and list of claims, as applicable,
  after being cited or does not show good cause for the failure to
  timely file, the court on hearing may fine the representative in an
  amount not to exceed $1,000.
         (d)  The personal representative and the representative's
  sureties, if any, are liable for any fine imposed under this section
  and for all damages and costs sustained by the representative's
  failure. The fine, damages, and costs may be recovered in any court
  of competent jurisdiction.
         SECTION 1.40.  Section 407, Texas Probate Code, is amended
  to read as follows:
         Sec. 407.  CITATION AND NOTICE UPON PRESENTATION OF ACCOUNT
  FOR FINAL SETTLEMENT. Upon the filing of an account for final
  settlement by temporary or permanent personal representatives of
  the estates of decedents, citation shall contain a statement that
  such final account has been filed, the time and place when it will
  be considered by the court, and a statement requiring the person or
  persons cited to appear and contest the same if they see proper.
  Such citation shall be issued by the county clerk to the persons and
  in the manner set out below.
               1.  Citation [In case of the estates of deceased
  persons, notice] shall be given [by the personal representative] to
  each heir or beneficiary of the decedent by certified mail, return
  receipt requested, unless another method of service [type of
  notice] is directed by the court by written order. The citation
  [notice] must include a copy of the account for final settlement.
               2.  If the court deems further additional notice
  necessary, it shall require the same by written order. In its
  discretion, the court may allow the waiver of citation [notice] of
  an account for final settlement in a proceeding concerning a
  decedent's estate.
         SECTION 1.41.  Subsections (b), (c), and (d), Section 408,
  Texas Probate Code, are amended to read as follows:
         (b)  Distribution of Remaining Property. Upon final
  settlement of an estate, if there be any of such estate remaining in
  the hands of the personal representative, the court shall order
  that a partition and distribution be made among the persons
  entitled to receive such estate. The court shall order the
  representative to deposit in an account in the court's registry any
  remaining estate property that is money and to which a person who is
  unknown or missing is entitled. In addition, the court shall order
  the representative to sell, on terms the court determines are best,
  remaining estate property that is not money and to which a person
  who is unknown or missing is entitled.  The court shall order the
  representative to deposit the sale proceeds in an account in the
  court's registry. The court shall hold money deposited in an
  account under this subsection until the court renders:
               (1)  an order requiring money in the account to be paid
  to the previously unknown or missing person who is entitled to the
  money; or
               (2)  another order regarding the disposition of the
  money.
         (c)  Discharge of Representative When No Property Remains.
  If, upon such settlement, there be none of the estate remaining in
  the hands of the representative, the representative [he] shall be
  discharged from the representative's [his] trust and the estate
  ordered closed.
         (d)  Discharge When Estate Fully Administered. Whenever the
  representative of an estate has fully administered the same in
  accordance with this code [Code] and the orders of the court, and
  the representative's [his] final account has been approved, and the
  representative [he] has delivered all of said estate remaining in
  the representative's [his] hands to the person or persons entitled
  to receive the same, it shall be the duty of the court to enter an
  order discharging such representative from the representative's
  [his] trust, and declaring the estate closed.
         SECTION 1.42.  Section 427, Texas Probate Code, is amended
  to read as follows:
         Sec. 427.  WHEN ESTATES TO BE PAID INTO STATE TREASURY. If
  any person entitled to a portion of an estate, except a resident
  minor without a guardian, does [shall] not demand the person's
  [his] portion, including any portion deposited in an account in the
  court's registry under Section 408(b) of this code, from the
  executor or administrator within six months after an order of court
  approving the report of commissioners of partition, or within six
  months after the settlement of the final account of an executor or
  administrator, as the case may be, the court by written order shall
  require the executor or administrator to pay so much of said portion
  as is in money to the comptroller; and such portion as is in other
  property the court [he] shall order the executor or administrator
  to sell on such terms as the court thinks best, and, when the
  proceeds of such sale are collected, the court shall order the same
  to be paid to the comptroller, in all such cases allowing the
  executor or administrator reasonable compensation for the
  executor's or administrator's [his] services. A suit to recover
  proceeds of the sale is governed by Section 433 of this code [Code].
         SECTION 2.06.  Section 53.104, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 53.104.  APPOINTMENT OF ATTORNEYS AD LITEM. (a)  Except
  as provided by Section 202.009(b), the judge of a probate court may
  appoint an attorney ad litem in any probate proceeding to represent
  the interests of:
               (1)  a person who has a legal disability;
               (2)  a nonresident;
               (3)  an unborn or unascertained person; [or]
               (4)  an unknown or missing heir; or
               (5)  an unknown or missing person entitled to property
  deposited in an account in the court's registry under Section
  362.011(b).
         (b)  Subject to Subsection (c), an [An] attorney ad litem
  appointed under this section is entitled to reasonable compensation
  for services provided in the amount set by the court. The court
  shall:
               (1)  tax the compensation[, to be taxed] as costs in the
  probate proceeding; or
               (2)  for an attorney ad litem appointed to represent
  the interests of an unknown or missing person described by
  Subsection (a)(5), order that the compensation be paid from money
  in the account described by that subdivision.
         (c)  The court order appointing an attorney ad litem to
  represent the interests of an unknown or missing person described
  by Subsection (a)(5) must require the attorney ad litem to conduct a
  search for the person. Compensation paid under Subsection (b) to
  the attorney ad litem may not exceed 10 percent of the amount on
  deposit in the account described by Subsection (a)(5) on the date:
               (1)  the attorney ad litem reports to the court the
  location of the previously unknown or missing person; or
               (2)  the money in the account is paid to the comptroller
  as provided by Section 551.001.
         SECTION 2.21.  Subchapter A, Chapter 202, Estates Code, as
  effective January 1, 2014, is amended by adding Section 202.0025 to
  read as follows:
         Sec. 202.0025.  ACTION BROUGHT AFTER DECEDENT'S DEATH.
  Notwithstanding Section 16.051, Civil Practice and Remedies Code, a
  proceeding to declare heirship of a decedent may be brought at any
  time after the decedent's death.
         SECTION 2.24.  Sections 204.151 and 204.152, Estates Code,
  as effective January 1, 2014, are amended to read as follows:
         Sec. 204.151.  APPLICABILITY OF SUBCHAPTER. This subchapter
  applies in a proceeding to declare heirship of a decedent only with
  respect to an individual who[:
               [(1)     petitions the court for a determination of right
  of inheritance as authorized by Section 201.052(c); and
               [(2)]  claims[:
                     [(A)]  to be a biological child of the decedent or
  claims[, but with respect to whom a parent-child relationship with
  the decedent was not established as provided by Section 160.201,
  Family Code; or
                     [(B)]  to inherit through a biological child of
  the decedent[, if a parent-child relationship between the
  individual through whom the inheritance is claimed and the decedent
  was not established as provided by Section 160.201, Family Code].
         Sec. 204.152.  PRESUMPTION; [REQUIRED FINDINGS IN ABSENCE
  OF] REBUTTAL [EVIDENCE]. The presumption under Section 160.505,
  Family Code, that applies in establishing a parent-child
  relationship also applies in determining heirship in the probate
  court using the results of genetic testing ordered with respect to
  an individual described by Section 204.151, and the presumption may
  be rebutted in the same manner provided by Section 160.505, Family
  Code. [Unless the results of genetic testing of another individual
  who is an heir of the decedent who is the subject of a proceeding to
  declare heirship to which this subchapter applies are admitted as
  rebuttal evidence, the court shall find that the individual
  described by Section 204.151:
               [(1)     is an heir of the decedent, if the results of
  genetic testing ordered under Subchapter B identify a tested
  individual who is an heir of the decedent as the ancestor of the
  individual described by Section 204.151; or
               [(2)     is not an heir of the decedent, if the results of
  genetic testing ordered under Subchapter B exclude a tested
  individual who is an heir of the decedent as the ancestor of the
  individual described by Section 204.151.]
         SECTION 2.37.  Subsection (c), Section 304.001, Estates
  Code, as effective January 1, 2014, is amended to read as follows:
         (c)  If persons [applicants for letters testamentary or of
  administration] are equally entitled to letters testamentary or of
  administration [the letters], the court:
               (1)  shall grant the letters to the person [applicant]
  who, in the judgment of the court, is most likely to administer the
  estate advantageously; or
               (2)  may grant the letters to two or more of those
  persons [applicants].
         SECTION 2.57.  Section 362.005, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 362.005.  CITATION AND NOTICE ON PRESENTATION OF
  ACCOUNT. (a) On the presentation of an account for final settlement
  by a temporary or permanent personal representative, the county
  clerk shall issue citation to the persons and in the manner provided
  by Subsection (b) [Subsections (c) and (d)].
         (b)  Citation issued under Subsection (a) must:
               (1)  contain:
                     (A) [(1)]  a statement that an account for final
  settlement has been presented;
                     (B) [(2)]  the time and place the court will
  consider the account; [and]
                     (C) [(3)]  a statement requiring the person cited
  to appear and contest the account, if the person wishes to contest
  the account; and
                     (D)  a copy of the account for final settlement;
  and
               (2)  be given[.
         [(c)  The personal representative shall give notice] to each
  heir or beneficiary of the decedent by certified mail, return
  receipt requested, unless the court by written order directs
  another method of service [type of notice] to be given[.   The notice
  must include a copy of the account for final settlement].
         (c) [(d)]  The court by written order shall require
  additional notice if the court considers the additional notice
  necessary.
         (d) [(e)]  The court may allow the waiver of citation
  [notice] of an account for final settlement in a proceeding
  concerning a decedent's estate.
         SECTION 2.58.  Section 362.011, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 362.011.  PARTITION AND DISTRIBUTION OF ESTATE; DEPOSIT
  IN COURT'S REGISTRY.  (a) If, on final settlement of an estate, any
  of the estate remains in the personal representative's possession,
  the court shall order that a partition and distribution be made
  among the persons entitled to receive that part of the estate.
         (b)  The court shall order the personal representative to
  deposit in an account in the court's registry any remaining estate
  property that is money and to which a person who is unknown or
  missing is entitled. In addition, the court shall order the
  representative to sell, on terms the court determines are best,
  remaining estate property that is not money and to which a person
  who is unknown or missing is entitled.  The court shall order the
  representative to deposit the sale proceeds in an account in the
  court's registry. The court shall hold money deposited in an
  account under this subsection until the court renders:
               (1)  an order requiring money in the account to be paid
  to the previously unknown or missing person who is entitled to the
  money; or
               (2)  another order regarding the disposition of the
  money.
         SECTION 2.60.  Subsection (a), Section 551.001, Estates
  Code, as effective January 1, 2014, is amended to read as follows:
         (a)  The court, by written order, shall require the executor
  or administrator of an estate to pay to the comptroller as provided
  by this subchapter the share of that estate of a person entitled to
  that share who does not demand the share, including any portion
  deposited in an account in the court's registry under Section
  362.011(b), from the executor or administrator within six months
  after the date of, as applicable:
               (1)  a court order approving the report of the
  commissioners of partition made under Section 360.154; or
               (2)  the settlement of the final account of the
  executor or administrator.
         Explanation: The addition is necessary to add provisions
  relating to attorneys ad litem, proceedings to declare heirship,
  granting of letters testamentary or of administration, filing of
  inventories, appraisements, and lists of claims, citation and
  notice on presentation of accounts for final settlement,
  distribution of remaining estate property and discharge of
  representatives on final settlement of estates, and estates to be
  paid into the state treasury.
         (2)  House Rule 13, Sections 9(a)(1) and (4), are suspended
  to permit the committee to change text which is not in disagreement
  and to add text on a matter which is not included in either the house
  or senate version of the bill in proposed SECTION 1.11 of the bill,
  in amended Section 48, Texas Probate Code, to read as follows:
         SECTION 1.11.  Section 48, Texas Probate Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
  follows:
         . . .
         (d)  Notwithstanding Section 16.051, Civil Practice and
  Remedies Code, a proceeding to declare heirship of a decedent may be
  brought at any time after the decedent's death.
         Explanation: The change is necessary to specify when a
  proceeding to declare heirship may be brought.
         (3)  House Rule 13, Sections 9(a)(1), (3), and (4), are
  suspended to permit the committee to change text which is not in
  disagreement, to add text on a matter which is not in disagreement,
  and to add text on a matter which is not included in either the house
  or senate version of the bill in proposed SECTION 1.12 of the bill,
  in amended Subsection (a), Section 49, Texas Probate Code, to read
  as follows:
         SECTION 1.12.  Subsection (a), Section 49, Texas Probate
  Code, is amended to read as follows:
         (a)  Such proceedings may be instituted and maintained under
  a circumstance specified in Section 48(a) of this code [in any of
  the instances enumerated above] by the qualified personal
  representative of the estate of such decedent, by a party seeking
  the appointment of an independent administrator under Section 145
  of this code, by the trustee of a trust holding assets for the
  benefit of the decedent, by any person or persons claiming to be a
  secured or unsecured creditor or the owner of the whole or a part of
  the estate of such decedent, or by the guardian of the estate of a
  ward, if the proceedings are instituted and maintained in the
  probate court in which the proceedings for the guardianship of the
  estate were pending at the time of the death of the ward. In such a
  case an application shall be filed in a proper court stating the
  following information:
               (1)  the name of the decedent and the time and place of
  death;
               (2)  the names and residences of the decedent's heirs,
  the relationship of each heir to the decedent, and the true interest
  of the applicant and each of the heirs in the estate of the decedent
  or in the trust, as applicable;
               (3)  all the material facts and circumstances within
  the knowledge and information of the applicant that might
  reasonably tend to show the time or place of death or the names or
  residences of all heirs, if the time or place of death or the names
  or residences of all the heirs are not definitely known to the
  applicant;
               (4)  a statement that all children born to or adopted by
  the decedent have been listed;
               (5)  a statement that each marriage of the decedent has
  been listed with the date of the marriage, the name of the spouse,
  and if the marriage was terminated, the date and place of
  termination, and other facts to show whether a spouse has had an
  interest in the property of the decedent;
               (6)  whether the decedent died testate and if so, what
  disposition has been made of the will;
               (7)  a general description of all the real and personal
  property belonging to the estate of the decedent or held in trust
  for the benefit of the decedent, as applicable; and
               (8)  an explanation for the omission of any of the
  foregoing information that is omitted from the application.
         Explanation: The change is necessary to authorize persons
  claiming to be unsecured creditors to institute proceedings to
  declare heirship.
         (4)  House Rule 13, Sections 9(a)(1), (2), and (4), are
  suspended to permit the committee to change text which is not in
  disagreement, omit text which is not in disagreement, and add text
  on a matter which is not included in either the house or senate
  version of the bill in proposed SECTION 1.28 of the bill, in amended
  Section 149C, Texas Probate Code, to read as follows:
         SECTION 1.28.  Section 149C, Texas Probate Code, is amended
  by amending Subsection (a) and adding Subsections (a-1) and (a-2)
  to read as follows:
         (a)  The [county] court, [as that term is defined by Section
  3 of this code,] on its own motion or on motion of any interested
  person, after the independent executor has been cited by personal
  service to answer at a time and place fixed in the notice, may
  remove an independent executor when:
               (1)  the independent executor fails to return within
  ninety days after qualification, unless such time is extended by
  order of the court, either an inventory of the property of the
  estate and list of claims that have come to the independent
  executor's knowledge or an affidavit in lieu of the inventory,
  appraisement, and list of claims;
               (2)  sufficient grounds appear to support belief that
  the independent executor has misapplied or embezzled, or that the
  independent executor is about to misapply or embezzle, all or any
  part of the property committed to the independent executor's care;
               (3)  the independent executor fails to make an
  accounting which is required by law to be made;
               (4)  the independent executor fails to timely file the
  affidavit or certificate required by Section 128A of this code;
               (5)  the independent executor is proved to have been
  guilty of gross misconduct or gross mismanagement in the
  performance of the independent executor's duties; [or]
               (6)  the independent executor becomes an incapacitated
  person, or is sentenced to the penitentiary, or from any other cause
  becomes incapable of [legally incapacitated from] properly
  performing the independent executor's fiduciary duties; or
               (7)  the independent executor becomes incapable of
  properly performing the independent executor's fiduciary duties
  due to a material conflict of interest.
         (a-1)  The court, on its own motion or on the motion of any
  interested person, and after the independent executor has been
  cited by certified mail, return receipt requested, to answer at a
  time and place stated in the citation, may remove an independent
  executor who is appointed under the provisions of this code if the
  independent executor:
               (1)  subject to Subsection (a-2)(1) of this section,
  fails to qualify in the manner and period required by law;
               (2)  subject to Subsection (a-2)(2) of this section,
  fails to return not later than the 90th day after the date the
  independent executor qualifies an inventory of the estate property
  and a list of claims that have come to the independent executor's
  knowledge or an affidavit in lieu of the inventory, appraisement,
  and list of claims, unless the period is extended by court order;
               (3)  cannot be served with notices or other processes
  because the:
                     (A)  independent executor's location is unknown;
                     (B)  independent executor is eluding service; or
                     (C)  independent executor is a nonresident of this
  state who does not have a resident agent to accept service of
  process in a probate proceeding or other action relating to the
  estate; or
               (4)  subject to Subsection (a-2)(3) of this section,
  has misapplied, embezzled, or removed from the state, or is about to
  misapply, embezzle, or remove from the state, all or any part of the
  property committed to the independent executor's care.
         (a-2)  The court may remove an independent executor:
               (1)  under Subsection (a-1)(1) of this section only if
  the independent executor fails to qualify on or before the 30th day
  after the date the court sends a notice by certified mail, return
  receipt requested, to the independent executor's last known address
  and to the last known address of the independent executor's
  attorney, notifying the independent executor and attorney of the
  court's intent to remove the independent executor for failure to
  qualify in the manner and period required by law;
               (2)  under Subsection (a-1)(2) of this section only if
  the independent executor fails to file an inventory and list of
  claims or an affidavit in lieu of the inventory, appraisement, and
  list of claims as required by law on or before the 30th day after the
  date the court sends a notice by certified mail, return receipt
  requested, to the independent executor's last known address and to
  the last known address of the independent executor's attorney,
  notifying the independent executor and attorney of the court's
  intent to remove the independent executor for failure to file the
  inventory and list of claims or affidavit; and
               (3)  under Subsection (a-1)(4) of this section only on
  presentation of clear and convincing evidence given under oath of
  the misapplication, embezzlement, or removal from this state of
  property as described by that subdivision.
         Explanation: The change is necessary to make various
  revisions to the procedures for removal of independent executors.
         (5)  House Rule 13, Sections 9(a)(1) and (4), are suspended
  to permit the committee to change text which is not in disagreement
  and to add text on a matter which is not included in either the house
  or senate version of the bill in proposed SECTION 1.49 of the bill,
  in Subsection (a) of that section, to read as follows:
         (a)  Subsection (c), Section 48, Subsection (c), Section
  53C, Section 70, and Subsection (f), Section 251, Texas Probate
  Code, are repealed.
         Explanation: The change is necessary to add a repeal of
  Subsection (c), Section 53C, Texas Probate Code.
         (6)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter which is not included in
  either the house or senate version of the bill in proposed SECTION
  1.50 of the bill to read as follows:
         (i)  Sections 34A, 407, 408, and 427, Texas Probate Code, as
  amended by this article, and Section 254, Texas Probate Code, as
  added by this article, apply to the estate of a decedent that is
  pending or commenced on or after September 1, 2011, regardless of
  the date of the decedent's death.
         (j)  The changes in law made by this article to Section 77,
  Texas Probate Code, apply only to an application for the grant of
  letters testamentary or of administration of a decedent's estate
  filed on or after September 1, 2011. An application for the grant
  of letters testamentary or of administration of a decedent's estate
  filed before that date is governed by the law in effect on the date
  the application was filed, and the former law is continued in effect
  for that purpose.
         (k)  The changes in law made by this article to Subsection
  (a), Section 83, Texas Probate Code, apply only to an application
  for the probate of a will or administration of the estate of a
  decedent that is pending or filed on or after September 1, 2011.
         (l)  The changes in law made by this article to Subsections
  (a) and (b), Section 53C, Texas Probate Code, apply only to a
  proceeding to declare heirship commenced on or after September 1,
  2011. A proceeding to declare heirship commenced before that date
  is governed by the law in effect on the date the proceeding was
  commenced, and the former law is continued in effect for that
  purpose.
         Explanation: The change is necessary to add transition
  provisions for sections of the Texas Probate Code that are amended
  in the bill.
         (7)  House Rule 13, Sections 9(a)(1), (3), and (4), are
  suspended to permit the committee to change text which is not in
  disagreement, to add text on a matter which is not in disagreement,
  and to add text on a matter which is not included in either the house
  or senate version of the bill in proposed SECTION 2.22 of the bill,
  in amended Section 202.004, Estates Code, as effective January 1,
  2014, to read as follows:
         SECTION 2.22.  Section 202.004, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 202.004.  PERSONS WHO MAY COMMENCE PROCEEDING TO
  DECLARE HEIRSHIP.  A proceeding to declare heirship of a decedent
  may be commenced and maintained under a circumstance specified by
  Section 202.002 by:
               (1)  the personal representative of the decedent's
  estate;
               (2)  a person claiming to be a secured or unsecured 
  creditor or the owner of all or part of the decedent's estate; [or]
               (3)  if the decedent was a ward with respect to whom a
  guardian of the estate had been appointed, the guardian of the
  estate, provided that the proceeding is commenced and maintained in
  the probate court in which the proceedings for the guardianship of
  the estate were pending at the time of the decedent's death;
               (4)  a party seeking the appointment of an independent
  administrator under Section 401.003; or
               (5)  the trustee of a trust holding assets for the
  benefit of a decedent.
         Explanation: The change is necessary to authorize persons
  claiming to be unsecured creditors to institute proceedings to
  declare heirship.
         (8)  House Rule 13, Sections 9(a)(1) and (4), are suspended
  to permit the committee to change text which is not in disagreement
  and to add text on a matter which is not included in either the house
  or senate version of the bill in proposed SECTION 2.47 of the bill,
  in amended Subchapter B, Chapter 309, Estates Code, as effective
  January 1, 2014, to read as follows:
         SECTION 2.47.  Subchapter B, Chapter 309, Estates Code, as
  effective January 1, 2014, is amended by adding Sections 309.056
  and 309.057 to read as follows:
         . . .
         Sec. 309.057.  PENALTY FOR FAILURE TO TIMELY FILE INVENTORY,
  APPRAISEMENT, AND LIST OF CLAIMS OR AFFIDAVIT IN LIEU OF.  (a)  This
  section applies only to a personal representative, including an
  independent executor or administrator, who does not file an
  inventory, appraisement, and list of claims or affidavit in lieu of
  the inventory, appraisement, and list of claims, as applicable,
  within the period prescribed by Section 309.051 or any extension
  granted by the court.
         (b)  Any person interested in the estate on written
  complaint, or the court on the court's own motion, may have a
  personal representative to whom this section applies cited to file
  the inventory, appraisement, and list of claims or affidavit in
  lieu of the inventory, appraisement, and list of claims, as
  applicable, and show cause for the failure to timely file.
         (c)  If the personal representative does not file the
  inventory, appraisement, and list of claims or affidavit in lieu of
  the inventory, appraisement, and list of claims, as applicable,
  after being cited or does not show good cause for the failure to
  timely file, the court on hearing may fine the representative in an
  amount not to exceed $1,000.
         (d)  The personal representative and the representative's
  sureties, if any, are liable for any fine imposed under this section
  and for all damages and costs sustained by the representative's
  failure. The fine, damages, and costs may be recovered in any court
  of competent jurisdiction.
         Explanation: The change is necessary to provide a penalty
  against personal representatives of decedents' estates for failing
  to timely file an inventory, appraisement, and list of claims or an
  affidavit in lieu of the inventory, appraisement, and list of
  claims.
         (9)  House Rule 13, Sections 9(a)(1), (2), and (3), are
  suspended to permit the committee to change and omit text which is
  not in disagreement and to add text on a matter which is not in
  disagreement in proposed SECTION 2.49 of the bill, in Section
  352.004, Estates Code, as effective January 1, 2014, to read as
  follows:
         SECTION 2.49.  Section 352.004, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 352.004.  DENIAL OF COMPENSATION.  The court may, on
  application of an interested person or on the court's own motion,
  wholly or partly deny a commission allowed by this subchapter if:
               (1)  the court finds that the executor or administrator
  has not taken care of and managed estate property prudently; or
               (2)  the executor or administrator has been removed
  under Section 404.003 [149C] or Subchapter B, Chapter 361.
         Explanation:  This change is necessary to make a conforming
  change to a cross-reference in the Estates Code.
         (10)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter which is not included in
  either the house or senate version of the bill in proposed SECTION
  2.59 of the bill, in added Chapter 404, Estates Code, as effective
  January 1, 2014, to read as follows:
         Sec. 404.003.  REMOVAL OF INDEPENDENT EXECUTOR.  (a)  The
  probate court, on its own motion or on motion of any interested
  person, after the independent executor has been cited by personal
  service to answer at a time and place fixed in the notice, may
  remove an independent executor when:
               (1)  the independent executor fails to return within 90
  days after qualification, unless such time is extended by order of
  the court, either an inventory of the property of the estate and
  list of claims that have come to the independent executor's
  knowledge or an affidavit in lieu of the inventory, appraisement,
  and list of claims;
               (2)  sufficient grounds appear to support belief that
  the independent executor has misapplied or embezzled, or that the
  independent executor is about to misapply or embezzle, all or any
  part of the property committed to the independent executor's care;
               (3)  the independent executor fails to make an
  accounting which is required by law to be made;
               (4)  the independent executor fails to timely file the
  affidavit or certificate required by Section 308.004;
               (5)  the independent executor is proved to have been
  guilty of gross misconduct or gross mismanagement in the
  performance of the independent executor's duties;
               (6)  the independent executor becomes an incapacitated
  person, or is sentenced to the penitentiary, or from any other cause
  becomes incapable of properly performing the independent
  executor's fiduciary duties; or
               (7)  the independent executor becomes incapable of
  properly performing the independent executor's fiduciary duties
  due to a material conflict of interest.
         (b)  The probate court, on its own motion or on the motion of
  any interested person, and after the independent executor has been
  cited by certified mail, return receipt requested, to answer at a
  time and place stated in the citation, may remove an independent
  executor who is appointed under the provisions of this code if the
  independent executor:
               (1)  subject to Subsection (c)(1), fails to qualify in
  the manner and period required by law;
               (2)  subject to Subsection (c)(2), fails to return not
  later than the 90th day after the date the independent executor
  qualifies an inventory of the estate property and a list of claims
  that have come to the independent executor's knowledge or an
  affidavit in lieu of the inventory, appraisement, and list of
  claims, unless the period is extended by court order;
               (3)  cannot be served with notices or other processes
  because the:
                     (A)  independent executor's location is unknown;
                     (B)  independent executor is eluding service; or
                     (C)  independent executor is a nonresident of this
  state who does not have a resident agent to accept service of
  process in a probate proceeding or other action relating to the
  estate; or
               (4)  subject to Subsection (c)(3), has misapplied,
  embezzled, or removed from the state, or is about to misapply,
  embezzle, or remove from the state, all or any part of the property
  committed to the independent executor's care.
         (c)  The probate court may remove an independent executor:
               (1)  under Subsection (b)(1) only if the independent
  executor fails to qualify on or before the 30th day after the date
  the court sends a notice by certified mail, return receipt
  requested, to the independent executor's last known address and to
  the last known address of the independent executor's attorney,
  notifying the independent executor and attorney of the court's
  intent to remove the independent executor for failure to qualify in
  the manner and period required by law;
               (2)  under Subsection (b)(2) only if the independent
  executor fails to file an inventory and list of claims or an
  affidavit in lieu of the inventory, appraisement, and list of
  claims as required by law on or before the 30th day after the date
  the court sends a notice by certified mail, return receipt
  requested, to the independent executor's last known address and to
  the last known address of the independent executor's attorney,
  notifying the independent executor and attorney of the court's
  intent to remove the independent executor for failure to file the
  inventory and list of claims or affidavit; and
               (3)  under Subsection (b)(4) only on presentation of
  clear and convincing evidence given under oath of the
  misapplication, embezzlement, or removal from this state of
  property as described by that subdivision.
         (d)  The order of removal shall state the cause of removal
  and shall direct by order the disposition of the assets remaining in
  the name or under the control of the removed executor.  The order of
  removal shall require that letters issued to the removed executor
  shall be surrendered and that all letters shall be canceled of
  record.  If an independent executor is removed by the court under
  this section, the court may, on application, appoint a successor
  independent executor as provided by Section 404.005.
         (e)  An independent executor who defends an action for the
  independent executor's removal in good faith, whether successful or
  not, shall be allowed out of the estate the independent executor's
  necessary expenses and disbursements, including reasonable
  attorney's fees, in the removal proceedings.
         (f)  Costs and expenses incurred by the party seeking removal
  that are incident to removal of an independent executor appointed
  without bond, including reasonable attorney's fees and expenses,
  may be paid out of the estate.
         Explanation: The change is necessary to make various
  revisions to the procedures for removal of independent executors.
         (11)  House Rule 13, Sections 9(a)(1), (2), and (4), are
  suspended to permit the committee to change text which is not in
  disagreement, omit text which is not in disagreement, and add text
  on a matter which is not included in either the house or senate
  version of the bill in proposed SECTION 2.61 of the bill, in
  Subsections (a) and (b) of that section, to read as follows:
         (a)  Sections 202.003 and 255.201, Estates Code, as
  effective January 1, 2014, are repealed.
         (b)  The following sections of the Texas Probate Code are
  repealed:
               (1)  Sections 4D, 4H, 15, 34A, 37A, 48(a), 49, 53C(a)
  and (b), 59, 64, 67, 77, 81(a), 83(a), 84, 89A(a), 128A, 143, 227,
  250, 256, 260, 271(a) and (b), 286, 293, 385(a), 407, 408(b), (c),
  and (d), 427, 436, 439, 452, 471, 472, and 473, as amended by
  Article 1 of this Act; and
               (2)  Sections 6A, 6B, 6C, 6D, 8A, 8B, 48(d), 145A, 145B,
  145C, and 254, as added by Article 1 of this Act.
         Explanation: The change is necessary to correct the repeal of
  a provision of the Estates Code and to repeal, when the Estates Code
  takes effect, certain provisions of the Texas Probate Code that are
  amended or added in Article 1 of the bill.