LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION April 22, 2013 TO: Honorable Tryon D. Lewis, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2912 by Thompson, Senfronia (Relating to decedents' estates.), Committee Report 1st House, Substituted No fiscal implication to the State is anticipated. The bill creates Estates Code section 309.057. The bill authorizes, the court or any person interested in the estate may complain when a personal representative fails to timely to timely file its section 309.051 inventory and assessment. The bill codifies usual practice and existing contempt law and procedure. The court gives the personal representative a clear and specific written order. The court then sets the case for a show cause hearing. Under the bill, the court could then find the personal representative in contempt of court with a fine of up to $1,000. In addition to establishing a fine of up to $1,000, the bill calls for the personal representative to pay damages and costs for the representative's failure to timely complete the inventory and assessment. The personal representative and his surety would be liable for the fine, damages, and costs. Because the bill codifies existing court procedures, no increase in state court workloads are anticipated. No fiscal impact to the state judiciary is anticipated. The bill with its amendments to section 362.005, requires the clerk of the court (as opposed to the personal representative) to give notice/citation of the hearing to contest the personal representative's accounting to each heir or beneficiary. The notice/citation must be sent by certified mail, return receipt requested, unless the court directs another method of service by written order. The notice and citation will increase the clerk of the county, county court at law, or probate court's workload. The county will incur the cost of certified/return receipt or other delivery. The fiscal impact is not expected to be significant. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council LBB Staff: UP, CL, SD, SJS
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION
April 22, 2013
TO: Honorable Tryon D. Lewis, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2912 by Thompson, Senfronia (Relating to decedents' estates.), Committee Report 1st House, Substituted
TO: Honorable Tryon D. Lewis, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB2912 by Thompson, Senfronia (Relating to decedents' estates.), Committee Report 1st House, Substituted
Honorable Tryon D. Lewis, Chair, House Committee on Judiciary & Civil Jurisprudence
Honorable Tryon D. Lewis, Chair, House Committee on Judiciary & Civil Jurisprudence
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB2912 by Thompson, Senfronia (Relating to decedents' estates.), Committee Report 1st House, Substituted
HB2912 by Thompson, Senfronia (Relating to decedents' estates.), Committee Report 1st House, Substituted
No fiscal implication to the State is anticipated.
No fiscal implication to the State is anticipated.
The bill creates Estates Code section 309.057. The bill authorizes, the court or any person interested in the estate may complain when a personal representative fails to timely to timely file its section 309.051 inventory and assessment. The bill codifies usual practice and existing contempt law and procedure. The court gives the personal representative a clear and specific written order. The court then sets the case for a show cause hearing. Under the bill, the court could then find the personal representative in contempt of court with a fine of up to $1,000. In addition to establishing a fine of up to $1,000, the bill calls for the personal representative to pay damages and costs for the representative's failure to timely complete the inventory and assessment. The personal representative and his surety would be liable for the fine, damages, and costs. Because the bill codifies existing court procedures, no increase in state court workloads are anticipated. No fiscal impact to the state judiciary is anticipated. The bill with its amendments to section 362.005, requires the clerk of the court (as opposed to the personal representative) to give notice/citation of the hearing to contest the personal representative's accounting to each heir or beneficiary. The notice/citation must be sent by certified mail, return receipt requested, unless the court directs another method of service by written order. The notice and citation will increase the clerk of the county, county court at law, or probate court's workload. The county will incur the cost of certified/return receipt or other delivery. The fiscal impact is not expected to be significant.
The bill creates Estates Code section 309.057. The bill authorizes, the court or any person interested in the estate may complain when a personal representative fails to timely to timely file its section 309.051 inventory and assessment. The bill codifies usual practice and existing contempt law and procedure. The court gives the personal representative a clear and specific written order. The court then sets the case for a show cause hearing. Under the bill, the court could then find the personal representative in contempt of court with a fine of up to $1,000. In addition to establishing a fine of up to $1,000, the bill calls for the personal representative to pay damages and costs for the representative's failure to timely complete the inventory and assessment. The personal representative and his surety would be liable for the fine, damages, and costs. Because the bill codifies existing court procedures, no increase in state court workloads are anticipated. No fiscal impact to the state judiciary is anticipated.
The bill with its amendments to section 362.005, requires the clerk of the court (as opposed to the personal representative) to give notice/citation of the hearing to contest the personal representative's accounting to each heir or beneficiary. The notice/citation must be sent by certified mail, return receipt requested, unless the court directs another method of service by written order. The notice and citation will increase the clerk of the county, county court at law, or probate court's workload. The county will incur the cost of certified/return receipt or other delivery. The fiscal impact is not expected to be significant.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council
212 Office of Court Administration, Texas Judicial Council
LBB Staff: UP, CL, SD, SJS
UP, CL, SD, SJS