HBA-GUM, KMH H.B. 3477 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3477
By: Hartnett
Judicial Affairs
7/27/1999
Enrolled


BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, state law dictated that a person
appointed as an independent executor or administrator by a probate court
outside Texas had to obtain ancillary letters testamentary from a Texas
probate court in order to file a wrongful death or survival action in
Texas.  Probate courts routinely grant ancillary letters testamentary to
out-of-state executors and administrators.  For estates that only need
ancillary letters testamentary for the purpose of filing a wrongful death
or survival action in a Texas court, this requirement was an unnecessary
formality. 

H.B. 3477 removes the restriction requiring a foreign personal
representative of the estate to obtain ancillary letters testamentary under
certain circumstances. 

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 Subchapter A, Chapter 71, Civil Practice and Remedies
Code, by adding Section 71.012, as follows: 

Sec.  71.012.  QUALIFICATION OF FOREIGN PERSONAL REPRESENTATIVE. Provides
that the foreign personal representative of the estate who has complied
with the requirements of Section 95 (Probate of Foreign Will Accomplished
by Filing and Recording), Probate Code, for the probate of a foreign will
is not required to apply for ancillary letters testamentary under Section
105 (Executor of Will Probated in Another Jurisdiction), Probate Code, to
bring and prosecute the action, if the executor or administrator of the
estate of a nonresident individual is the plaintiff in an action under this
subchapter (Wrongful Death). 

SECTION 2.  Amends Subchapter B, Chapter 71, Civil Practice and Remedies
Code, by adding Section 71.022, as follows: 

Sec.  71.022.  QUALIFICATION OF FOREIGN PERSONAL REPRESENTATIVE. Provides
that the foreign personal representative of the estate who has complied
with the requirements of Section 95, Probate Code, for the probate of a
foreign will is not required to apply for ancillary letters testamentary
under Section 105, Probate Code, to bring and prosecute the action, if the
executor or administrator of the estate of a nonresident individual is the
plaintiff in an action under this subchapter (Survival). 

SECTION 3.  Emergency clause.
  Effective date: upon passage.