| 1 | | - | H.B. No. 1297 |
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| 1 | + | By: Metcalf (Senate Sponsor - Creighton) H.B. No. 1297 |
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| 2 | + | (In the Senate - Received from the House April 12, 2021; |
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| 3 | + | April 19, 2021, read first time and referred to Committee on |
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| 4 | + | Jurisprudence; May 14, 2021, reported favorably by the following |
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| 5 | + | vote: Yeas 4, Nays 0; May 14, 2021, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to service of process on institutions and organizations in |
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| 6 | 12 | | certain probate proceedings. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Section 55.053, Estates Code, is amended to read |
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| 9 | 15 | | as follows: |
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| 10 | 16 | | Sec. 55.053. SERVICE OF PROCESS. (a) For a will contest, |
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| 11 | 17 | | the party contesting the will [The court] shall serve an |
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| 12 | 18 | | institution or organization that is a necessary party to the |
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| 13 | 19 | | contest under Section 55.052 in the manner provided by this title |
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| 14 | 20 | | for service on other parties. |
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| 15 | 21 | | (b) For a will construction suit, the party bringing the |
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| 16 | 22 | | suit shall serve an institution or organization that is a necessary |
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| 17 | 23 | | party to the suit under Section 55.052 in the manner provided by |
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| 18 | 24 | | this title for service on other parties. |
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| 19 | 25 | | SECTION 2. Section 55.053, Estates Code, as amended by this |
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| 20 | 26 | | Act, applies only to a will contest or will construction suit that |
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| 21 | 27 | | is instituted on or after the effective date of this Act. A will |
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| 22 | 28 | | contest or will construction suit that was instituted before the |
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| 23 | 29 | | effective date of this Act is governed by the law in effect on the |
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| 24 | 30 | | date the contest or suit was instituted, and the former law is |
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| 25 | 31 | | continued in effect for that purpose. |
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| 26 | 32 | | SECTION 3. This Act takes effect September 1, 2021. |
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| 27 | | - | ______________________________ ______________________________ |
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| 28 | | - | President of the Senate Speaker of the House |
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| 29 | | - | I certify that H.B. No. 1297 was passed by the House on April |
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| 30 | | - | 9, 2021, by the following vote: Yeas 143, Nays 1, 2 present, not |
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| 31 | | - | voting. |
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| 32 | | - | ______________________________ |
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| 33 | | - | Chief Clerk of the House |
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| 34 | | - | I certify that H.B. No. 1297 was passed by the Senate on May |
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| 35 | | - | 19, 2021, by the following vote: Yeas 31, Nays 0. |
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| 36 | | - | ______________________________ |
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| 37 | | - | Secretary of the Senate |
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| 38 | | - | APPROVED: _____________________ |
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| 39 | | - | Date |
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| 40 | | - | _____________________ |
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| 41 | | - | Governor |
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| 33 | + | * * * * * |
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