Texas 2011 - 82nd Regular

Texas House Bill HB1209 Compare Versions

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1	1	82R107 MTB-F
2	2	By: Taylor of Galveston H.B. No. 1209
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a probate fee exemption for estates of certain law
8	8	enforcement officers, firefighters, and others killed in the line
9	9	of duty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. TEXAS PROBATE CODE
12	12	SECTION 1.01. Chapter I, Texas Probate Code, is amended by
13	13	adding Section 11B to read as follows:
14	14	Sec. 11B. EXEMPTION FROM PROBATE FEES FOR ESTATES OF
15	15	CERTAIN LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND OTHERS.
16	16	(a) In this section:
17	17	(1) "Eligible decedent" means an individual listed in
18	18	Section 615.003, Government Code.
19	19	(2) "Line of duty" and "personal injury" have the
20	20	meanings assigned by Section 615.021(e), Government Code.
21	21	(b) Notwithstanding any other law, the clerk of a court may
22	22	not charge, or collect from, the estate of an eligible decedent any
23	23	of the following fees if the decedent died as a result of a personal
24	24	injury sustained in the line of duty in the individual's position as
25	25	described by Section 615.003, Government Code:
26	26	(1) a fee for or associated with the filing of the
27	27	decedent's will for probate; and
28	28	(2) a fee for any service rendered by the court
29	29	regarding the administration of the decedent's estate.
30	30	SECTION 1.02. The changes in law made by this article apply
31	31	only to the estate of a decedent who dies on or after the effective
32	32	date of this Act. The estate of a decedent who dies before the
33	33	effective date of this Act is governed by the law in effect on the
34	34	date of the decedent's death, and the former law is continued in
35	35	effect for that purpose.
36	36	ARTICLE 2. ESTATES CODE
37	37	SECTION 2.01. Subchapter B, Chapter 53, Estates Code, is
38	38	amended by adding Section 53.054 to read as follows:
39	39	Sec. 53.054. EXEMPTION FROM PROBATE FEES FOR ESTATES OF
40	40	CERTAIN LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND OTHERS.
41	41	(a) In this section:
42	42	(1) "Eligible decedent" means an individual listed in
43	43	Section 615.003, Government Code.
44	44	(2) "Line of duty" and "personal injury" have the
45	45	meanings assigned by Section 615.021(e), Government Code.
46	46	(b) Notwithstanding any other law, the clerk of a court may
47	47	not charge, or collect from, the estate of an eligible decedent any
48	48	of the following fees if the decedent died as a result of a personal
49	49	injury sustained in the line of duty in the individual's position as
50	50	described by Section 615.003, Government Code:
51	51	(1) a fee for or associated with the filing of the
52	52	decedent's will for probate; and
53	53	(2) a fee for any service rendered by the court
54	54	regarding the administration of the decedent's estate.
55	55	SECTION 2.02. Section 11B, Texas Probate Code, as added by
56	56	Article 1 of this Act, is repealed.
57	57	SECTION 2.03. This article takes effect January 1, 2014.
58	58	ARTICLE 3. EFFECTIVE DATE
59	59	SECTION 3.01. Except as otherwise provided by this Act,
60	60	this Act takes effect September 1, 2011.