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