Texas 2015 - 84th Regular

Texas Senate Bill SB512 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Zaffirini S.B. No. 512
2		-	(Thompson of Harris)
	1	+	S.B. No. 512
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the promulgation of certain forms for use in probate
8	6		matters.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Subchapter A, Chapter 22, Government Code, is
11	9		amended by adding Section 22.020 to read as follows:
12	10		Sec. 22.020. PROMULGATION OF CERTAIN PROBATE FORMS.
13	11		(a) In this section:
14	12		(1) "Probate court" has the meaning assigned by
15	13		Section 22.007, Estates Code.
16	14		(2) "Probate matter" has the meaning assigned by
17	15		Section 22.029, Estates Code.
18	16		(b) The supreme court shall, as the court considers
19	17		appropriate, promulgate:
20	18		(1) forms for use by individuals representing
21	19		themselves in certain probate matters, including forms for use in:
22	20		(A) a small estate affidavit proceeding under
23	21		Chapter 205, Estates Code; and
24	22		(B) the probate of a will as a muniment of title
25	23		under Chapter 257, Estates Code;
26	24		(2) a simple will form for:
27	25		(A) a married individual with an adult child;
28	26		(B) a married individual with a minor child;
29	27		(C) a married individual with no children;
30	28		(D) an unmarried individual with an adult child;
31	29		(E) an unmarried individual with a minor child;
32	30		and
33	31		(F) an unmarried individual with no children; and
34	32		(3) instructions for the proper use of each form or set
35	33		of forms.
36	34		(c) The forms and instructions:
37	35		(1) must be written in plain language that is easy to
38	36		understand by the general public;
39	37		(2) shall be made readily available to the general
40	38		public in the manner prescribed by the supreme court; and
41	39		(3) must be translated into the Spanish language as
42	40		provided by Subsection (d).
43	41		(d) The Spanish language translation of a form must:
44	42		(1) state:
45	43		(A) that the Spanish language translated form is
46	44		to be used solely for the purpose of assisting in understanding the
47	45		form and may not be submitted to the probate court; and
48	46		(B) that the English language version of the form
49	47		must be submitted to the probate court; or
50	48		(2) be incorporated into the English language version
51	49		of the form in a manner that is understandable to both the probate
52	50		court and members of the general public.
53	51		(e) Each form and its instructions must clearly and
54	52		conspicuously state that the form is not a substitute for the advice
55	53		of an attorney.
56	54		(f) The clerk of a probate court shall inform members of the
57	55		general public of the availability of a form promulgated by the
58	56		supreme court under this section as appropriate and make the form
59	57		available free of charge.
60	58		(g) A probate court shall accept a form promulgated by the
61	59		supreme court under this section unless the form has been completed
62	60		in a manner that causes a substantive defect that cannot be cured.
63	61		SECTION 2. This Act takes effect September 1, 2015.
	62	+	______________________________ ______________________________
	63	+	President of the Senate Speaker of the House
	64	+	I hereby certify that S.B. No. 512 passed the Senate on
	65	+	March 24, 2015, by the following vote: Yeas 30, Nays 1.
	66	+	______________________________
	67	+	Secretary of the Senate
	68	+	I hereby certify that S.B. No. 512 passed the House on
	69	+	May 22, 2015, by the following vote: Yeas 138, Nays 2, two
	70	+	present not voting.
	71	+	______________________________
	72	+	Chief Clerk of the House
	73	+	Approved:
	74	+	______________________________
	75	+	Date
	76	+	______________________________
	77	+	Governor