Texas House Bill HB3075

Texas 2009 - 81st Regular

• Out of House Committee: 5/4/09
• Voted on by House: 5/12/09
• Out of Senate Committee: 5/23/09
• Voted on by Senate: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 5/29/09
• Passed: 6/19/09

Caption

Relating to the designation of convenience signers on certain accounts established at financial institutions.

Impact

The bill modifies the existing Texas Probate Code by adding provisions that clarify the role of convenience signers and the implications of their designation. One significant change is that when an account holder passes away, a convenience signer does not automatically inherit the rights to the account unless they are also named as a pay-on-death (P.O.D.) beneficiary. This alteration aims to enhance clarity in estate management and prevent potential disputes among heirs and signers regarding account ownership after the death of the last account holder.

Summary

House Bill 3075 addresses the designation of convenience signers on various types of bank accounts established at financial institutions in Texas. The legislation allows individuals to designate convenience signers on accounts that are not limited to convenience accounts, thereby streamlining account management for families and individuals. This means that these signers, who are tasked with assisting the account holders, can perform transactions on behalf of the account holders during their lifetime, with specific conditions governing the ownership and inheritance of the account balance upon the account holder's death.

Contention

While the bill largely reflects a move to modernize and simplify financial processes, it does raise concerns regarding the responsibilities and the legal implications for convenience signers. Questions may arise about the extent of authority held by these signers, as they can access funds but do not technically own the accounts unless designated otherwise. Furthermore, some critics posit that this bill could inadvertently create scenarios where misunderstandings or disagreements emerge among family members regarding the roles and intentions behind convenience signers, particularly in contested inheritance situations.