Texas House Bill HB2759

Texas 2011 - 82nd Regular

• Filed: 3/9/11
• Out of House Committee: 4/14/11
• Voted on by House: 5/11/11
• Refer: 3/16/11
• Out of Senate Committee: 5/17/11
• Report Pass: 4/11/11
• Voted on by Senate: 5/19/11
• Engrossed: 5/11/11
• Governor Action: 6/17/11
• Enrolled: 5/20/11
• Passed: 6/17/11

Caption

Relating to the nonsubstantive revision of provisions of the Texas Probate Code relating to durable powers of attorney, guardianships, and other related proceedings and alternatives, and the redesignation of certain other provisions of the Texas Probate Code, including conforming amendments and repeals.

Impact

The implications of HB 2759 on state laws are significant as it updates and revises outdated statutes within the Texas Probate Code. This bill aims to ensure that individuals who may be incapacitated or require guardianship are afforded the legal protections and frameworks necessary for their care and management of their affairs. Furthermore, the revisions will affect the application process for guardianships and the duties of appointed guardians, making processes more uniform and efficient across the state.

Summary

House Bill 2759 focuses on the nonsubstantive revision of provisions within the Texas Probate Code, specifically addressing durable powers of attorney, guardianships, and related proceedings. The bill is designed to streamline and clarify existing laws, effectively consolidating several provisions to enhance readability and accessibility for legal practitioners and the public. By reorganizing the language and structure of the statutes, the bill aims to reduce confusion and errors in the interpretation of laws concerning these critical areas of estate and disability management.

Sentiment

The sentiment surrounding HB 2759 appears generally supportive among legal professionals and advocates for the elderly and incapacitated individuals. Many view these revisions as a positive step towards more comprehensive and clear guidelines that reflect current societal needs and technological advancements in legal practices. However, there may be concerns regarding the potential for misinterpretation of the terms and conditions set forth, particularly regarding the powers and limitations granted under durable powers of attorney.

Contention

Notably, points of contention regarding the bill center around the balance of power between individuals designated as agents under a durable power of attorney and the safeguards established for those who may be vulnerable due to incapacity. Critics may express concern that while the revisions aim to simplify the provisions, there may be unintended consequences that could weaken protections or create loopholes that exploit individuals during vulnerable periods of their lives. Thus, the ongoing discourse will likely focus on ensuring that while legal clarity is achieved, the fundamental protections needed for vulnerable populations are not compromised.