Texas 2015 - 84th Regular

Texas House Bill HB3160 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Alonzo, Thompson of Harris H.B. No. 3160
2		-	(Senate Sponsor - West)
3		-	(In the Senate - Received from the House May 11, 2015;
4		-	May 12, 2015, read first time and referred to Committee on State
5		-	Affairs; May 19, 2015, reported favorably by the following vote:
6		-	Yeas 9, Nays 0; May 19, 2015, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 3160
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to an exception to the period of filing an application for
13	6		the grant of letters testamentary or of administration of a
14	7		decedent's estate.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Section 301.002(b), Estates Code, is amended to
17	10		read as follows:
18	11		(b) This section does not apply if administration is
19	12		necessary to:
20	13		(1) receive or recover property due a decedent's
21	14		estate; or
22	15		(2) prevent real property in a decedent's estate from
23	16		becoming a danger to the health, safety, or welfare of the general
24	17		public and the applicant for the issuance of letters testamentary
25	18		or of administration is a home-rule municipality that is a creditor
26	19		of the estate.
27	20		SECTION 2. Section 301.151, Estates Code, is amended to
28	21		read as follows:
29	22		Sec. 301.151. GENERAL PROOF REQUIREMENTS. An applicant for
30	23		the issuance of letters testamentary or of administration of an
31	24		estate must prove to the court's satisfaction that:
32	25		(1) the person whose estate is the subject of the
33	26		application is dead;
34	27		(2) except as provided by Section 301.002(b)(2), four
35	28		years have not elapsed since the date of the decedent's death and
36	29		before the application;
37	30		(3) the court has jurisdiction and venue over the
38	31		estate;
39	32		(4) citation has been served and returned in the
40	33		manner and for the period required by this title; and
41	34		(5) the person for whom letters testamentary or of
42	35		administration are sought is entitled by law to the letters and is
43	36		not disqualified.
44	37		SECTION 3. Section 306.002(c), Estates Code, is amended to
45	38		read as follows:
46	39		(c) The court may find other instances of necessity for an
47	40		administration based on proof before the court, but a necessity is
48	41		considered to exist if:
49	42		(1) there are two or more debts against the estate;
50	43		(2) there is a desire for the county court to partition
51	44		the estate among the distributees; [or]
52	45		(3) the administration is necessary to receive or
53	46		recover funds or other property due the estate; or
54	47		(4) the administration is necessary to prevent real
55	48		property in a decedent's estate from becoming a danger to the
56	49		health, safety, or welfare of the general public.
57	50		SECTION 4. The changes in law made by this Act apply only to
58	51		an application for the grant of letters testamentary or of
59	52		administration of a decedent's estate filed on or after the
60	53		effective date of this Act. An application for the grant of letters
61	54		testamentary or of administration of a decedent's estate filed
62	55		before the effective date of this Act is governed by the law in
63	56		effect on the date the application was filed, and the former law is
64	57		continued in effect for that purpose.
65	58		SECTION 5. This Act takes effect September 1, 2015.
66		-	* * * * *
	59	+	______________________________ ______________________________
	60	+	President of the Senate Speaker of the House
	61	+	I certify that H.B. No. 3160 was passed by the House on May 8,
	62	+	2015, by the following vote: Yeas 140, Nays 2, 2 present, not
	63	+	voting.
	64	+	______________________________
	65	+	Chief Clerk of the House
	66	+	I certify that H.B. No. 3160 was passed by the Senate on May
	67	+	23, 2015, by the following vote: Yeas 29, Nays 2.
	68	+	______________________________
	69	+	Secretary of the Senate
	70	+	APPROVED: _____________________
	71	+	Date
	72	+	_____________________
	73	+	Governor