HBA-KDB H.B. 2731 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2731
By: Gray
Judicial Affairs
4/22/2001
Introduced



BACKGROUND AND PURPOSE 

In a proceeding to determine the heirs of a person dying intestate, a
citation for determining heirship by publication is required. Although, the
Texas Probate Code does not explicitly require a probate judge to appoint
an attorney ad litem to represent the interest of unknown heirs in an
heirship proceeding, the Texas Rules of Civil Procedure require the
appointment of an attorney ad litem when service has been made by
publication.  There is concern that since this requirement is not
explicitly found in the Texas Probate Code, a probate judge may not
automatically appoint an attorney ad litem.  In addition, current law does
not prohibit a parent, managing conservator, guardian, attorney ad litem,
or guardian ad litem (guardian) of a distributee who is at least 12 years
of age but younger than 19 years of age (minor) from waiving citation
required to be served on the distributee.  House Bill 2731 places in the
Texas Probate Code the current requirement that a court appoint an attorney
ad litem to represent the interest of unknown heirs, and prohibits a
guardian of a minor from waiving citation for determining heirship required
to be served on the minor. 

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. 

ANALYSIS

House Bill 2731 amends the Texas Probate Code to require the probate court
to appoint an attorney ad litem to represent the interests of unknown
heirs.  The bill prohibits a parent, managing conservator, guardian,
attorney ad litem, or guardian ad litem of a distributee who is at least 12
years of age but younger than 19 years of age from waiving citation for
determining heirship required to be served on the distributee. 

EFFECTIVE DATE

September 1, 2001.