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Texas Probate Code - Section 432. Comptroller May Enforce Payment And Collect Damages

Legal Research Home > Texas Laws > Probate Code > Texas Probate Code - Section 432. Comptroller May Enforce Payment And Collect Damages

§ 432. COMPTROLLER MAY ENFORCE PAYMENT AND COLLECT 
DAMAGES.  The Comptroller shall have the right in the name of the 
state to apply to the court in which the order for payment was made 
to enforce the payment of funds which the executor or administrator 
has failed to pay to him pursuant to order of court, together with 
the payment of any damages that shall have accrued under the 
provisions of the preceding section of this code, and the court 
shall enforce such payment in like manner as other orders of payment 
are required to be enforced.  The comptroller shall also have the 
right to institute suit in the name of the state against such 
executor or administrator, and the sureties on his bond, for the 
recovery of the funds so ordered to be paid and such damages as have 
accrued.  The county attorney or criminal district attorney of the 
county, the district attorney of the district, or the attorney 
general, at the election of the comptroller and with the approval of 
the attorney general, shall represent the comptroller in all such 
proceedings, and shall also represent the interests of the state in 
all other matters arising under any provisions of this Code.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1991, 72nd Leg., ch. 153, § 28, eff. Sept. 1, 1991;  Acts 
1997, 75th Leg., ch. 1423, § 15.06, eff. Sept. 1, 1997.

Last modified: August 11, 2007