Texas 2011 - 82nd Regular

Texas House Bill HB1209 Latest Draft

Bill / House Committee Report Version Filed 02/01/2025

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                            82R107 MTB-F
 By: Taylor of Galveston H.B. No. 1209


 A BILL TO BE ENTITLED
 AN ACT
 relating to a probate fee exemption for estates of certain law
 enforcement officers, firefighters, and others killed in the line
 of duty.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 ARTICLE 1. TEXAS PROBATE CODE
 SECTION 1.01.  Chapter I, Texas Probate Code, is amended by
 adding Section 11B to read as follows:
 Sec. 11B.  EXEMPTION FROM PROBATE FEES FOR ESTATES OF
 CERTAIN LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND OTHERS.
 (a)  In this section:
 (1)  "Eligible decedent" means an individual listed in
 Section 615.003, Government Code.
 (2)  "Line of duty" and "personal injury" have the
 meanings assigned by Section 615.021(e), Government Code.
 (b)  Notwithstanding any other law, the clerk of a court may
 not charge, or collect from, the estate of an eligible decedent any
 of the following fees if the decedent died as a result of a personal
 injury sustained in the line of duty in the individual's position as
 described by Section 615.003, Government Code:
 (1)  a fee for or associated with the filing of the
 decedent's will for probate; and
 (2)  a fee for any service rendered by the court
 regarding the administration of the decedent's estate.
 SECTION 1.02.  The changes in law made by this article 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.
 ARTICLE 2.  ESTATES CODE
 SECTION 2.01. Subchapter B, Chapter 53, Estates Code, is
 amended by adding Section 53.054 to read as follows:
 Sec. 53.054.  EXEMPTION FROM PROBATE FEES FOR ESTATES OF
 CERTAIN LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND OTHERS.
 (a)  In this section:
 (1)  "Eligible decedent" means an individual listed in
 Section 615.003, Government Code.
 (2)  "Line of duty" and "personal injury" have the
 meanings assigned by Section 615.021(e), Government Code.
 (b)  Notwithstanding any other law, the clerk of a court may
 not charge, or collect from, the estate of an eligible decedent any
 of the following fees if the decedent died as a result of a personal
 injury sustained in the line of duty in the individual's position as
 described by Section 615.003, Government Code:
 (1)  a fee for or associated with the filing of the
 decedent's will for probate; and
 (2)  a fee for any service rendered by the court
 regarding the administration of the decedent's estate.
 SECTION 2.02.  Section 11B, Texas Probate Code, as added by
 Article 1 of this Act, is repealed.
 SECTION 2.03.  This article takes effect January 1, 2014.
 ARTICLE 3. EFFECTIVE DATE
 SECTION 3.01.  Except as otherwise provided by this Act,
 this Act takes effect September 1, 2011.