| 1 | 1 | | By: Creighton, et al. (Senate Sponsor - Williams) H.B. No. 2621 |
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| 2 | 2 | | (In the Senate - Received from the House May 6, 2013; |
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| 3 | 3 | | May 7, 2013, read first time and referred to Committee on |
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| 4 | 4 | | Jurisprudence; May 20, 2013, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 5, Nays 0; May 20, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to disclaimers of estate property by certain |
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| 11 | 11 | | beneficiaries. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 122.051, Estates Code, as effective |
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| 14 | 14 | | January 1, 2014, is amended to read as follows: |
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| 15 | 15 | | Sec. 122.051. FORM AND CONTENTS. (a) A disclaimer of |
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| 16 | 16 | | property receivable by a beneficiary must be evidenced by written |
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| 17 | 17 | | memorandum acknowledged before: |
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| 18 | 18 | | (1) a notary public; or |
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| 19 | 19 | | (2) another person authorized to take acknowledgments |
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| 20 | 20 | | of conveyances of real estate. |
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| 21 | 21 | | (b) A disclaimer of property receivable by a beneficiary |
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| 22 | 22 | | must include a statement regarding whether the beneficiary is a |
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| 23 | 23 | | child support obligor described by Section 122.107. |
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| 24 | 24 | | SECTION 2. Subchapter C, Chapter 122, Estates Code, as |
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| 25 | 25 | | effective January 1, 2014, is amended by adding Section 122.107 to |
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| 26 | 26 | | read as follows: |
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| 27 | 27 | | Sec. 122.107. ATTEMPTED DISCLAIMERS BY CERTAIN CHILD |
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| 28 | 28 | | SUPPORT OBLIGORS INEFFECTIVE. (a) A disclaimer made by a |
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| 29 | 29 | | beneficiary who is a child support obligor of estate property that |
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| 30 | 30 | | could be applied to satisfy the beneficiary's child support |
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| 31 | 31 | | obligation is not effective if the beneficiary owes child support |
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| 32 | 32 | | arrearages that have been: |
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| 33 | 33 | | (1) administratively determined by the Title IV-D |
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| 34 | 34 | | agency as defined by Section 101.033, Family Code, in a Title IV-D |
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| 35 | 35 | | case as defined by Section 101.034, Family Code; or |
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| 36 | 36 | | (2) confirmed and reduced to judgment as provided by |
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| 37 | 37 | | Section 157.263, Family Code. |
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| 38 | 38 | | (b) After distribution of estate property to a beneficiary |
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| 39 | 39 | | described by Subsection (a), the child support obligee to whom the |
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| 40 | 40 | | child support arrearages are owed may enforce the child support |
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| 41 | 41 | | obligation by a lien or by any other remedy provided by law. |
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| 42 | 42 | | SECTION 3. The change in law made by this Act applies only |
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| 43 | 43 | | to a disclaimer filed on or after the effective date of this Act. A |
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| 44 | 44 | | disclaimer filed before the effective date of this Act is governed |
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| 45 | 45 | | by the law in effect on the date the disclaimer was filed, and the |
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| 46 | 46 | | former law is continued in effect for that purpose. |
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| 47 | 47 | | SECTION 4. This Act takes effect January 1, 2014. |
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| 48 | 48 | | * * * * * |
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