Texas 2015 - 84th Regular

Texas House Bill HB2196 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R8884 MTB-F
2	2	By: Thompson of Harris H.B. No. 2196
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the promulgation of certain forms for use in probate
8	8	matters.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 22, Government Code, is
11	11	amended by adding Section 22.020 to read as follows:
12	12	Sec. 22.020. PROMULGATION OF CERTAIN PROBATE FORMS. (a) In
13	13	this section:
14	14	(1) "Probate court" has the meaning assigned by
15	15	Section 22.007, Estates Code.
16	16	(2) "Probate matter" has the meaning assigned by
17	17	Section 22.029, Estates Code.
18	18	(b) The supreme court shall, as the court considers
19	19	appropriate, promulgate:
20	20	(1) forms for use by individuals representing
21	21	themselves in a probate matter, including forms for use in:
22	22	(A) a small estate affidavit proceeding under
23	23	Chapter 205, Estates Code; and
24	24	(B) the probate of a will as a muniment of title
25	25	under Chapter 257, Estates Code;
26	26	(2) a simple will form for:
27	27	(A) a married individual with an adult child;
28	28	(B) a married individual with a minor child;
29	29	(C) a married individual with no children;
30	30	(D) an unmarried individual with an adult child;
31	31	(E) an unmarried individual with a minor child;
32	32	and
33	33	(F) an unmarried individual with no children; and
34	34	(3) instructions for the proper use of each form or set
35	35	of forms.
36	36	(c) The forms and instructions:
37	37	(1) must be written in plain language that is easy to
38	38	understand by the general public;
39	39	(2) shall be made readily available to the general
40	40	public in the manner prescribed by the supreme court; and
41	41	(3) must be translated into the Spanish language as
42	42	provided by Subsection (d).
43	43	(d) The Spanish language translation of a form must:
44	44	(1) state:
45	45	(A) that the Spanish language translated form is
46	46	to be used solely for the purpose of assisting in understanding the
47	47	form and may not be submitted to the probate court; and
48	48	(B) that the English language version of the form
49	49	must be submitted to the probate court; or
50	50	(2) be incorporated into the English language version
51	51	of the form in a manner that is understandable to both the probate
52	52	court and members of the general public.
53	53	(e) Each form and its instructions must clearly and
54	54	conspicuously state that the form is not a substitute for the advice
55	55	of an attorney.
56	56	(f) The clerk of a probate court shall inform members of the
57	57	general public of the availability of a form promulgated by the
58	58	supreme court under this section as appropriate and make the form
59	59	available free of charge.
60	60	(g) A probate court shall accept a form promulgated by the
61	61	supreme court under this section unless the form has been completed
62	62	in a manner that causes a substantive defect that cannot be cured.
63	63	SECTION 2. This Act takes effect immediately if it receives
64	64	a vote of two-thirds of all the members elected to each house, as
65	65	provided by Section 39, Article III, Texas Constitution. If this
66	66	Act does not receive the vote necessary for immediate effect, this
67	67	Act takes effect September 1, 2015.