HBA-KMH C.S.S.B. 1106 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1106
By: Harris
Judicial Affairs
5/6/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE

Currently, Texas law requires any sworn affidavit concerning the identity
of heirs to be accepted as prima facie evidence in the proceeding to
declare heirship.  However, there is no standard for the affidavit.
C.S.S.B. 1106 creates a voluntary standard affidavit that can be used for
the purposes set forth in Section 52 (Recorded Instruments as Prima Facie
Evidence), Probate Code.   

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 52, Texas Probate Code, to authorize an
affidavit of facts concerning the identity of heirs of a decedent as to an
interest in real property that is filed in a proceeding or suit to be in
the form described by Section 52A of this code.  Provides that an affidavit
of facts concerning the identity of heirs of a decedent does not affect the
rights of an omitted heir or a creditor of the decedent as otherwise
provided by law.  Requires this statute to be cumulative, and prohibits it
from being construed as abrogating any right to present evidence or to rely
on an affidavit of facts conferred by any other statute or rule of law. 

SECTION 2.  Amends Chapter III, Texas Probate Code, by adding Section 52A,
as follows:  

Sec. 52A.  FORM OF AFFIDAVIT OF FACTS CONCERNING IDENTITY OF HEIRS. Sets
forth the authorized contents and format of the form. 

SECTION 3.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1106 modifies the original in SECTION 2 (proposed Section 52A,
Probate Code) to specifically authorize further inclusion in the affidavit
of the contact and identification information of the decedent's mother,
father, and siblings, as well as persons with knowledge regarding the
identity of decedent's heirs, under certain conditions, rather than
authorizing the insertion of a list of decedent's ascendants and their
descendants.  The substitute makes conforming and nonsubstantive changes.