2001 Legislation:
Final List of Enacted, Vetoed and Failed Bills
Here's the final list of bills that were enacted into law, vetoed or
failed to pass.
For information on a particular bill,
click on the highlighted bill name and number or go to the
Master Bill Tracking Page at http://www.texasprobate.com/01leg/master.htm
.
| These bills have been signed by the Governor and will become law: | |
| HB 154 | Requires DHS to set the personal needs allowance for certain Medicaid recipients who are residents of long-term care facilities at a minimum of $60 (up from $30). |
| HB 482 | Adds family members and guardians to the list of persons who cannot be retaliated or discriminated against for reporting nursing home abuse and gives them a statutory basis for suing because of retaliation or discrimination. |
| HB 483 | Cleans of references to "lunatics," "non compos mentos," etc., and changes them to "incapacitated persons" in various statutes. |
| HB 534 | Gives a visiting statutory probate judge assigned under Govt. Code Sec. 25.0022 the power to make Section 5B and 608 transfers. |
| HB 535 | Makes an administrative change for recording the service of a visiting judge. |
| HB 536 | Amends Sections 5 and 606 to make filing a probate case in a statutory probate court mandatory in counties with such courts. |
| HB 537 | Fixes a problem with a 1999 bill to permit a statutory probate court to transfer a case back to the court it came from if jurisdiction is lost, even if that court is in another county. |
| HB 538 | Permits a visiting statutory probate judge assigned under Section 25.0022 of the Government Code to hear ancillary matters in his or her home county, unless a party objects. |
| HB 539 | Provides for court approval of contracts for sports, entertainment and advertising entered into by minors and permits a portion of the earnings to be preserved for the child in an 867 trust. |
| HB 628 | Permits the court to appoint a noncorporate trustee of an 867 trust; permits a guardian ad litem to apply for creation of an 867 trust. |
| HB 689 | Cleans up jurisdictional loose ends for statutory probate courts, including specifying their jurisdiction over certain matters in the Health and Safety Code. There's a special effective date provision for Denton County. |
| HB 898 | Increases the limit on sales of real or personal property by a minor without a guardianship (Probate Code Section 889) from $50,000 to $100,000. The House committee substitute also raises to $100,000 the limits in Sections 745(c), 887 and 890 so that the $100,000 limit is consistent. |
| HB 900 | Clarifies and expands the duties of the presiding statutory probate judge. |
| HB 920 | Relating to the adoption of the Uniform Parentage Act. |
| HB 952 | Relating to interstate guardianships. |
| HB 1037 | Allows the court to continue hearing any matter appertaining to a guardianship estate "that a court exercising original probate jurisdiction is specifically authorized to hear" under the guardianship code when the ward dies, turns 18 or regains capacity. |
| HB 1073 | Changes the requirement in Chapter 571 of the Health and Safety Code that probate courts be open "at all times" for proceedings under that chapter to requiring that they be open "during normal business hours." |
| HB 1083 | Adds Section 487A to the Probate Code, providing that a bankruptcy proceeding does not terminate the authority of the agent to act, but that the agent's powers are subject to the restrictions imposed by bankrupcy laws. |
| HB 1132 | State Bar REPTL Guardianship Bill: Permits suspension (not termination) of an agent's powers under a power of attorney during a temporary guardianship; permits surviving parent to designate guardian for child in the event of later incapacity; cleans up declaration of guardian for children requirements; permits inspection of estate planning documents for gift-giving purposes; provides accounting and removal procedure for community administrators. |
| HB 1233 | Amends Section 774(a) of the Probate Code to permit the guardian to buy a prepaid funeral contract if the court approves. |
| HB 1245 | A major fix to 1999's "community enhancements" bill: establishes the rules regarding what are now called "claims for economic contribution" in a marriage where one estate (usually the community) is used to enhance (usually by paying debt secured by) the other estate. |
| HB 1316 | Under Section 534.0175 of the Health and Safety Code, trust assets in excess of $50,000 must be considered a resource affecting eligibility of trust beneficiaries for certain state-supported mental health services. This bill would raise the $50,000 limit to $250,000, allowing the beneficiary to protect more assets. |
| HB 1365 | Adds Tex. Fam. Code Sec. 154.013, providing that a child support obligation continues on the death of the party entitled to receive the child support payment, notwithstanding any provision of the Probate Code. |
| HB 1420 | Excludes from the definition of the practice of law assistance offered by employees or volunteers of area agencies on aging in preparing medical powers of attorney, directives to physicians and declarations of guardian. As originally filed, they could assist with durable property powers as well, but that was dropped from the bill. |
| HB 1813 | Amends Section 32.45(a)(1), Penal Code, to add an attorney-in-fact or agent under a durable power of attorney to the definition of "fiduciary" for purposes of the misapplication by fiduciary statute. As originally filed, the bill was much broader." |
| HB 1883 | Requires agent on power of attorney to account to principal. Earlier versions (1) required agent to post bond in some cases, (2) required recording powers of attorney and (3) changed form and required disclosure statement. |
| HB 2152 | Expands the list of persons to whom bequests can be made without violating Section 58b of the Probate Code (spouses, ancestors, descendants and persons within the third degree of consanguinity would be excepted.) |
| HB 2731 | Although the amendment is not entirely clear, it appears that this bill would require the appointment of an attorney ad litem for unknown heirs in every heirship proceeding (rather than leaving to the court's discretion whether or not to appoint an ad litem.) |
| HB 2814 | Makes the salary of all statutory probate judges equal to or greater than the salary of a district judge in that county (previously this requirement applied only to counties with populations of 700,000 or more); also changes a few statutory cross-references. |
| HB 2882 | Amends the jurisdictional statute for Travis County Probate Court No. 1 to give that court jurisdiction to hear actions arising under certain sections of the Health and Safety Code. |
| HB 3144 | Various guardianship changes: Sec. 633 -- spouse must be served only if whereabouts are known; Sec. 687 -- 4 days notice to proposed ward and ad litem before hearing on court-ordered examination; Sec. 784 -- 120-day bar for notice to creditors; Sec. 887, 889 and 890 -- $50,000 "nonguardianship" limit raised to $100,000. |
| SB 194 | Creates Collin County Probate Court No. 1, effective January 1, 2003. |
| State Bar REPTL Decedent's Estates Bill: Eliminates the social security number requirement on applications to probate will as muniment of title and cleans up Sections 177(b) and 313. | |
| SB 869 | Amends Probate Code Section 633 to provide that the spouse must be served with citation in a guardianship only "if the whereabouts of the spouse are known or can be reasonably ascertained." |
| SB 941 | Would require a former or retired statutory probate judge who wishes to be assigned cases to certify that he or she is willing not appear, plead in or accept certain appointments from any court in the county of the judge's residence for two years (the Senate version would have applied to contiguous counties, too). |
| SB 1094 | Clarifies that the statutory probate court of Denton County may hear cases at such locations as the judge considers necessary or as otherwise provided by law. |
| SB 1407 | Increases "3% of the sale price" cap on the fee paid to a bonded livestock commission merchant who is hired by a personal representative to sell the decedent's livestock to 5% (originally the bill would have eliminated the limit completely). |
| SB 1417 | Requires guardian to get compensation approved at time accounting is filed; makes it harder to get more than "5% in/5% out" commission for a guardian; denies compensation for veterans' benefits, social security benefits and tax-motivated gifts. |
| SB 1640 | Adds "mutual fund account" to the list of permitted nontestamentary transfers in Probate Code Section 450. |
| These bills were vetoed by the Governor: | |
| HB 947 | Relating to the survival of a wrongful death suit on the death of the plaintiff (child is allowed to continue wrongful death action upon the death of the surviving spouse/plaintiff). |
| HB 964 | Relating to the release of certain confidential information of a patient by the patient's physician. |
| These bills failed to pass: | |
| Removes the constitutional prohibition of perpetual trusts. (This constitutional amendment would require voter approval.) Note: SJR 26 is a related bill which may pass. | |
| HB 19 | Requires attorney for personal representative of estate to disclose breaches of fiduciary duties and misrepresentations to beneficiaries and court, permits suit against attorney who fails to do so, and prohibits personal representative from using estate funds to defend itself unless court finds it is likely to prevail. |
| HB 327 | Relating to adoption of the Business Organizations Code. |
| HB 330 | Requires person executing durable power of attorney to give notice to everyone within the second degree of consanguinity, gives those persons an opportunity to sue to show lack of capacity, and permits court to revoke power of attorney in cases of fraud duress or breach of fiduciary duty. |
| HB 717 | Requires DHS to set the personal needs allowance for Medicaid recipients in long-term care facilities at a minimum of $45 per month (up from $30). Note: HB 154 is a related bill which may pass. |
| HB 763 | Creates Collin County Probate Court No. 1, effective January 1, 2003. Note: SB 194 is a related bill which may pass. |
| HB 841 | Requires district and county clerks to accept filings of documents by facsimile transmission. Each clerk would have to apply to approval of his or her system by December 31, 2001. |
| HB 847 | Permits court to clarify the role of guardians ad litem and attorneys ad litem in suits affecting parent-child relationships -- are they advocates, do they represent the child's best interests, and are they permitted to cross-examine witnesses? |
| HB 923 | Expands the laundry list of things district courts (and statutory probate courts) have jurisdiction over with respect to trusts (Tex. Trust Code Sec. 115.001) to include determining the validity of a trust instrument, modify or terminate a trust, discharge a trustee, and adjudicate claims by or against a trustee. |
| HB 1131 | State Bar REPTL Decedent's Estates Bill: Eliminates the social security number requirement on applications to probate will as muniment of title and cleans up Sections 177(b) and 313. Note: The companion bill, SB 723, has been signed by the Governor. |
| HB 1160 | Legislatively overrides Barcelo v. Elliott: An attorney representing a testator owes "a professional duty of care" to the testator and to each person named or designated as a beneficiary, legatee or devisee in the testator's will. |
| HB 1246 | Relating to the adoption of the Uniform Parentage Act regarding gestational agreements. |
| HB 1559 | Makes the caregiver of an elderly person in certain circumstances ineligible to receive life insurance proceeds if "the insured was coerced to designate the caregiver as the beneficiary through the exercise of undue influence by the caregiver." |
| HB 1608 | Extends the rule against perpetuties applicable to trusts to 1,000 years. Its effectiveness is dependent upon passage of a constitutional amendment (either HJR 9 or SJR 26). Note: SB 698 is a related bill which may pass. |
| HB 1935 | Makes changes to the filing fees charged by county clerks, including imposing a flat $10 fee for filing any document in probate court that does not require a specific fee. |
| HB 2253 | Amends the jurisdictional statute for Travis County Probate Court No. 1 to give that court jurisdiction to hear actions arising under certain sections of the Health and Safety Code. Note: HB 2882 is a related bill which may pass. |
| HB 2315 | Clarifies that the statutory probate court of Denton County may hear cases at such locations as the judge considers necessary or as otherwise provided by law. |
| HB 2322 | Permits guardian of the person to apply to the court to "voluntarily"admit the ward to an in-patient psychiatric facility; requires ad litem; specifies what court costs are and lets the court assess them against applicant (the guardian) or the ward's estate. The House committee version differs substantially from the original version, which would have permitted admission to a facility without a hearing in some cases. |
| HB 2716 | Amends Probate Code Section 682A to permit the filing of a guardianship application for an incapacitated minor up to 180 days before his or her 18th birthday (up from 60 days, as was enacted in 1999). Note: HB 1132 is a related bill which may pass. |
| HB 2971 | Would create a whole new creature -- "standby guardianships" -- in the Probate Code (new Sections 891 -- 991) that would allow a parent to designate someone to care for their minor children. |
| HB 3406 | Removes the "3% of the sale price" cap on the fee paid to a bonded livestock commission merchant who is hired by a personal representative to sell the decedent's livestock. Note: SB 1407 is a related bill which may pass. |
| HB 3467 | Provides that filing a will contest is not tortious interference with inheritance rights. |
| SJR 26 | Removes the constitutional prohibition of perpetual trusts. (This constitutional amendment would require voter approval.) |
| SB 698 | Extends the rule against perpetuties applicable to trusts to 360 years. Its effectiveness is dependent upon passage of a constitutional amendment (either HJR 9 or SJR 26). (As originally filed, this bill would have extended the perpetuities period to 1,000 years. This was carved back to 360 years by the Senate Jurisprudence Committee.) |
| SB 722 | State Bar REPTL Guardianship Bill: Permits suspension (not termination) of an agent's powers under a power of attorney during a temporary guardianship; permits surviving parent to designate guardian for child in the event of later incapacity; cleans up declaration of guardian for children requirements; permits inspection of estate planning documents for gift-giving purposes; provides accounting and removal procedure for community administrators. Note: HB 1132 is a related bill which may pass. |
| SB 967 | Relating to adoption of the Business Organizations Code; providing penalties. |
| SB 1239 | Would create a whole new creature -- "standby guardianships" -- in the Probate Code (new Sections 891 -- 991) that would allow a parent to designate someone to care for their minor children. |
| SB 1628 | Cleans up jurisdictional loose ends for statutory probate courts, including specifying their jurisdiction over certain matters in the Health and Safety Code. |
| SB 1719 | Permits guardian of the person to consent to the voluntary admission of the ward to an in-patient psychiatric facility if the letters of guardianship so authorize; requires notice to the court of taking such action; limits the duration of inpatient treatment without further court authorization. |