HBA-ATS H.B. 1176 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1176
By: Junell
Judicial Affairs
6/3/1999
Enrolled



BACKGROUND AND PURPOSE 

Texas law authorizes a foreign will to be probated in this state.  To
probate a foreign will, a party must produce a copy of the will and a copy
of the judgment or order by which it was admitted to probate.  For purposes
of probate, these two documents need their authenticity attested to by the
clerk of the foreign court or other official who is in charge of probate
records.  In addition, a party must produce a certificate from the judge or
presiding magistrate that confirms the accuracy of the clerk's or other
official's attestation.  The use of modern technology to reproduce seals
and signatures raises questions about the authenticity of foreign probate
documents filed in this state. H.B. 1176 requires the attestations
accompanying a foreign will, the judgment by which it was admitted to
probate, and the certificate confirming the accuracy of the clerk's or
other official's attestation to contain original signatures. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 95(c), Texas Probate Code, by adding the
condition that a foreign will and the judgment by which it was admitted to
probate need their authenticity attested to by the original signature of a
clerk of a foreign court, or other official who is in charge of probate
records, if these documents are to be filed with an application for probate
of a foreign will.  In addition, the certificate confirming the accuracy of
the clerk's or other official's attestation needs an original signature of
a judge or magistrate of the foreign court if the will and judgment are to
be filed with an application for probate of a foreign will.  Prohibits
original signatures from being required for recordation in the deed records
under Sections 96 (Filing and Recording Foreign Will in Deed Records), 97
(Proof Required for Recording in Deed Records), 98 (Effect of Recording
Copy of Will in Deed Records), and 99 (Recording in Deed Records Serves as
Notice of Title), Texas Probate Code, or Section 107 (Power of Sale of
Foreign Executor or Trustee), Texas Probate Code. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Emergency clause.