Texas 2009 - 81st Regular

Texas Senate Bill SB1243

Filed

Out of Senate Committee

4/20/09

Voted on by Senate

4/30/09

Out of House Committee

Voted on by House

Governor Action

Bill Becomes Law

Caption

Relating to the regulation of heir finders by the Texas Private Security Board; providing penalties.

Impact

The implications of SB1243 are significant for both the industry and families dealing with inheritance matters. By introducing a mandatory registration process, the bill facilitates oversight of heir finders, ensuring that they act in the best interest of clients and adhere to ethical standards. Notably, heir finders are now expected to maintain fiduciary duties, which holds them liable for any breaches that lead to damages for the clients they serve. This creates a safeguard for families who may lack the knowledge or resources to navigate complex estate matters effectively.

Summary

Senate Bill 1243 aims to regulate heir finders through the Texas Private Security Board, establishing a registration system and outlining the responsibilities and penalties for those engaging in such services. The bill defines 'heir finder' as a person who, for compensation, assists others in identifying their rights to a decedent's estate, alongside the relevant regulatory framework under Chapter 1702 of the Occupations Code. This legislation is designed to protect consumers from potential exploitation by establishing a clear set of expectations and accountability for heir finders in Texas.

Contention

While many stakeholders support the bill for its consumer protection aspects, there are concerns regarding the potential for creating additional bureaucracy within the heir finding industry. Opponents argue that while regulation is necessary, the implementation of such oversight could introduce hurdles that may deter individuals from seeking help. Additionally, there may be questions about how strictly the Texas Private Security Board will enforce these regulations, given the complexities involved in individual estate considerations and the varying practices across different heir finding services.

Companion Bills

No companion bills found.

Previously Filed As

TX HB4941

Relating to the regulation of private security.

TX HB3890

Relating to the regulation and voluntary licensing of reroofing contractors by the Texas Department of Licensing and Regulation; providing administrative and civil penalties; authorizing fees.

TX HB4416

Relating to the regulation of auctioneering by the Texas Department of Licensing and Regulation; authorizing an administrative penalty.

TX HB2324

Relating to the regulation of certain health professionals and health facilities; providing civil and administrative penalties; creating a criminal offense.

TX HB3583

Relating to the licensing and regulation of youth sports programs; providing civil and administrative penalties; authorizing fees.

TX HB13

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing the Texas Homeland Security Division and the Border Security Advisory Council, and to compensate persons affected by those threats.

TX HB2057

Relating to the licensing and regulation of lactation consultants and the creation of the Lactation Consultant Advisory Board; requiring an occupational license; imposing fees; providing penalties; creating a criminal offense.

TX SB895

Relating to the regulation of money services businesses; creating a criminal offense; creating administrative penalties; authorizing the imposition of a fee.

TX SB1373

Relating to decedents' estates and the delivery of certain notices or other communications in connection with those estates or multiple-party accounts.

TX HB2821