81R4194 KLA-D
By: Riddle H.B. No. 2844
A BILL TO BE ENTITLED
AN ACT
relating to the characterization of certain property on the death
of a spouse.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter II, Texas Probate Code, is amended by
adding Section 45A to read as follows:
Sec. 45A. CHARACTERIZATION OF CERTAIN PROPERTY ON DEATH OF
SPOUSE. On the death of one of the spouses to a marriage, the
following property, wherever situated, is considered community
property for purposes of determining passage of all or part of the
property by intestacy or under the terms of a testator's will:
(1) property that was acquired by either spouse while
domiciled in another state and that would have been community
property if the spouse who acquired the property had been domiciled
in this state at the time of the acquisition; and
(2) property that was acquired by either spouse in
exchange for other property and that would have been community
property if the spouse who acquired the property had been domiciled
in this state at the time of the acquisition.
SECTION 2. The changes in law made by this Act apply only to
the estate of a decedent who dies on or after the effective date of
this Act. The estate of a decedent who dies before the effective
date of this Act is governed by the law in effect on the date of the
decedent's death, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2009.