Texas 2017 - 85th Regular

Texas Senate Bill SB2067 Compare Versions

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1	1	85R12891 EES-F
2	2	By: Hancock S.B. No. 2067
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the financial exploitation of certain vulnerable
8	8	adults.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle Z, Title 3, Finance Code, is amended by
11	11	adding Chapter 280 to read as follows:
12	12	CHAPTER 280. PROTECTION OF VULNERABLE ADULTS FROM FINANCIAL
13	13	EXPLOITATION
14	14	Sec. 280.001. DEFINITIONS. In this chapter:
15	15	(1) "Adult protective services division" means the
16	16	adult protective services division of the Department of Family and
17	17	Protective Services.
18	18	(2) "Exploitation" means the act of forcing,
19	19	compelling, or exerting undue influence over a person causing the
20	20	person to act in a way that is inconsistent with the person's
21	21	relevant past behavior or causing the person to perform services
22	22	for the benefit of another person.
23	23	(3) "Financial exploitation" means:
24	24	(A) the wrongful or unauthorized taking,
25	25	withholding, appropriation, or use of the money, assets, or other
26	26	property or the identifying information of a person; or
27	27	(B) an act or omission by a person, including
28	28	through the use of a power of attorney on behalf of, or as the
29	29	conservator or guardian of, another person, to:
30	30	(i) obtain control, through deception,
31	31	intimidation, fraud, or undue influence, over the other person's
32	32	money, assets, or other property to deprive the other person of the
33	33	ownership, use, benefit, or possession of the property; or
34	34	(ii) convert the money, assets, or other
35	35	property of the other person to deprive the other person of the
36	36	ownership, use, benefit, or possession of the property.
37	37	(4) "Financial institution" has the meaning assigned
38	38	by Section 277.001.
39	39	(5) "Vulnerable adult" means:
40	40	(A) an elderly person as that term is defined by
41	41	Section 48.002, Human Resources Code;
42	42	(B) a person with a disability as that term is
43	43	defined by Section 48.002, Human Resources Code; or
44	44	(C) an individual receiving services as that term
45	45	is defined by rule by the executive commissioner of the Health and
46	46	Human Services Commission as authorized by Section 48.251(b), Human
47	47	Resources Code.
48	48	Sec. 280.002. REPORTING SUSPECTED FINANCIAL EXPLOITATION
49	49	OF VULNERABLE ADULTS. (a) If an employee of a financial
50	50	institution has cause to believe that financial exploitation of a
51	51	vulnerable adult who is an account holder with the financial
52	52	institution has occurred, is occurring, or has been attempted, the
53	53	employee shall notify the financial institution of the suspected
54	54	financial exploitation.
55	55	(b) If a financial institution is notified of suspected
56	56	financial exploitation under Subsection (a) or otherwise has cause
57	57	to believe that financial exploitation of a vulnerable adult who is
58	58	an account holder with the financial institution has occurred, is
59	59	occurring, or has been attempted, the financial institution shall
60	60	investigate the suspected financial exploitation and submit a
61	61	report to the adult protective services division in accordance with
62	62	Subchapter B-1, Chapter 48, Human Resources Code. The financial
63	63	institution shall submit the report required by this subsection not
64	64	later than the earlier of:
65	65	(1) the date the financial institution completes the
66	66	investigation; or
67	67	(2) the fifth business day after the date the
68	68	financial institution is notified of the suspected financial
69	69	exploitation under Subsection (a) or otherwise has cause to believe
70	70	that the suspected financial exploitation has occurred, is
71	71	occurring, or has been attempted.
72	72	(c) Each financial institution shall adopt internal
73	73	policies, programs, plans, or procedures for:
74	74	(1) the employees of the financial institution to make
75	75	the notification required under Subsection (a); and
76	76	(2) the financial institution to conduct the
77	77	investigation and submit the report required under Subsection (b).
78	78	(d) The policies, programs, plans, or procedures adopted
79	79	under Subsection (c) may authorize the financial institution to
80	80	report the suspected financial exploitation to other appropriate
81	81	agencies and entities in addition to the adult protective services
82	82	division, including the attorney general, the Federal Trade
83	83	Commission, and the appropriate law enforcement agency.
84	84	Sec. 280.003. NOTIFYING THIRD PARTIES OF SUSPECTED
85	85	FINANCIAL EXPLOITATION OF VULNERABLE ADULTS. If a financial
86	86	institution submits a report of suspected financial exploitation of
87	87	a vulnerable adult to the adult protective services division under
88	88	Section 280.002(b), the financial institution may at the time the
89	89	financial institution submits the report also notify a third party
90	90	reasonably associated with the vulnerable adult of the suspected
91	91	financial exploitation, unless the financial institution suspects
92	92	the third party of financial exploitation of the vulnerable adult.
93	93	Sec. 280.004. TEMPORARY HOLD ON TRANSACTIONS IN CERTAIN
94	94	CASES OF SUSPECTED FINANCIAL EXPLOITATION OF VULNERABLE ADULTS.
95	95	(a) Notwithstanding any other law, if a financial institution
96	96	submits a report of suspected financial exploitation of a
97	97	vulnerable adult to the adult protective services division under
98	98	Section 280.002(b), the financial institution:
99	99	(1) may place a hold on a transaction involving an
100	100	account of the vulnerable adult; and
101	101	(2) must place a hold on a transaction involving an
102	102	account of the vulnerable adult if the hold is requested by the
103	103	adult protective services division or a law enforcement agency.
104	104	(b) Subject to Subsection (c), a hold placed on a
105	105	transaction under Subsection (a) expires on the 10th business day
106	106	after the date the financial institution submits the report under
107	107	Section 280.002(b).
108	108	(c) The financial institution may extend a hold placed on a
109	109	transaction under Subsection (a) for a period not to exceed 30
110	110	business days after the expiration of the period prescribed by
111	111	Subsection (b) if requested by a state or federal agency or a law
112	112	enforcement agency investigating the suspected financial
113	113	exploitation. The financial institution may also petition a court
114	114	to extend a hold placed on a transaction under Subsection (a) beyond
115	115	the period prescribed by Subsection (b). A court may enter an
116	116	order extending or shortening a hold or providing other relief.
117	117	Sec. 280.005. IMMUNITY. (a) An employee of a financial
118	118	institution who makes a notification under Section 280.002(a), a
119	119	financial institution that submits a report under Section
120	120	280.002(b) or makes a notification under Section 280.003, or an
121	121	employee who or financial institution that testifies or otherwise
122	122	participates in a judicial proceeding arising from a notification
123	123	or report is immune from any civil or criminal liability arising
124	124	from the notification, report, testimony, or participation in the
125	125	judicial proceeding, unless the employee or financial institution
126	126	acted in bad faith or with a malicious purpose.
127	127	(b) A financial institution that in good faith and with the
128	128	exercise of reasonable care places or does not place a hold on a
129	129	transaction under Section 280.004(a)(1) is immune from any civil or
130	130	criminal liability or disciplinary action resulting from that
131	131	action or failure to act.
132	132	Sec. 280.006. RECORDS. To the extent permitted by state or
133	133	federal law, a financial institution shall provide, on request,
134	134	access to or copies of records relevant to the suspected financial
135	135	exploitation of a vulnerable adult to the adult protective services
136	136	division, a law enforcement agency, or a prosecuting attorney's
137	137	office, either as part of a report to the adult protective services
138	138	division, law enforcement agency, or prosecuting attorney's office
139	139	or at the request of the adult protective services division, law
140	140	enforcement agency, or prosecuting attorney's office in accordance
141	141	with an investigation.
142	142	SECTION 2. The Securities Act (Article 581-1 et seq.,
143	143	Vernon's Texas Civil Statutes) is amended by adding Section 45 to
144	144	read as follows:
145	145	Sec. 45. PROTECTION OF VULNERABLE ADULTS FROM FINANCIAL
146	146	EXPLOITATION. A. In this section:
147	147	(1) "Adult protective services division" means the
148	148	adult protective services division of the Department of Family and
149	149	Protective Services.
150	150	(2) "Exploitation," "financial exploitation," and
151	151	"vulnerable adult" have the meanings assigned by Section 280.001,
152	152	Finance Code.
153	153	(3) "Securities professional" means an agent, an
154	154	investment adviser representative, or a person who serves in a
155	155	supervisory or compliance capacity for a dealer or investment
156	156	adviser.
157	157	B. If a securities professional or a person serving in a
158	158	legal capacity for a dealer or investment adviser has cause to
159	159	believe that financial exploitation of a vulnerable adult who is an
160	160	account holder with the dealer or investment adviser has occurred,
161	161	is occurring, or has been attempted, the securities professional or
162	162	person serving in a legal capacity for the dealer or investment
163	163	adviser shall notify the dealer or investment adviser of the
164	164	suspected financial exploitation.
165	165	C. If a dealer or investment adviser is notified of
166	166	suspected financial exploitation under Subsection B of this section
167	167	or otherwise has cause to believe that financial exploitation of a
168	168	vulnerable adult who is an account holder with the dealer or
169	169	investment adviser has occurred, is occurring, or has been
170	170	attempted, the dealer or investment adviser shall investigate the
171	171	suspected financial exploitation and submit a report to the
172	172	Securities Commissioner, in accordance with rules adopted under
173	173	Subsection L of this section, and the adult protective services
174	174	division in accordance with Subchapter B-1, Chapter 48, Human
175	175	Resources Code. The dealer or investment adviser shall submit the
176	176	reports required by this subsection not later than the earlier of:
177	177	(1) the date the dealer or investment adviser
178	178	completes the investigation; or
179	179	(2) the fifth business day after the date the dealer or
180	180	investment adviser is notified of the suspected financial
181	181	exploitation under Subsection B of this section or otherwise has
182	182	cause to believe that the suspected financial exploitation has
183	183	occurred, is occurring, or has been attempted.
184	184	D. Each dealer and investment adviser shall adopt internal
185	185	policies, programs, plans, or procedures for the securities
186	186	professionals or persons serving in a legal capacity for the dealer
187	187	or investment adviser to make the notification required under
188	188	Subsection B of this section and for the dealer or investment
189	189	adviser to conduct the investigations and submit the reports
190	190	required under Subsection C of this section. The policies,
191	191	programs, plans, or procedures adopted under this subsection may
192	192	authorize the dealer or investment adviser to report the suspected
193	193	financial exploitation to other appropriate agencies and entities
194	194	in addition to the Securities Commissioner and the adult protective
195	195	services division, including the attorney general, the Federal
196	196	Trade Commission, and the appropriate law enforcement agency.
197	197	E. If a dealer or investment adviser submits reports of
198	198	suspected financial exploitation of a vulnerable adult to the
199	199	Securities Commissioner and the adult protective services division
200	200	under Subsection C of this section, the dealer or investment
201	201	adviser may at the time the dealer or investment adviser submits the
202	202	reports also notify a third party reasonably associated with the
203	203	vulnerable adult of the suspected financial exploitation, unless
204	204	the dealer or investment adviser suspects the third party of
205	205	financial exploitation of the vulnerable adult.
206	206	F. Notwithstanding any other law, if a dealer or investment
207	207	adviser submits reports of suspected financial exploitation of a
208	208	vulnerable adult to the Securities Commissioner and the adult
209	209	protective services division under Subsection C of this section,
210	210	the dealer or investment adviser:
211	211	(1) may place a hold on a transaction involving an
212	212	account of the vulnerable adult; and
213	213	(2) must place a hold on a transaction involving an
214	214	account of the vulnerable adult if the hold is requested by the
215	215	Securities Commissioner, the adult protective services division,
216	216	or a law enforcement agency.
217	217	G. Subject to Subsection H of this section, a hold placed on
218	218	a transaction under Subsection F of this section expires on the 10th
219	219	business day after the date the dealer or investment adviser
220	220	submits the reports under Subsection C of this section.
221	221	H. A dealer or investment adviser may extend a hold placed
222	222	on a transaction under Subsection F of this section for a period not
223	223	to exceed 30 business days after the expiration of the period
224	224	prescribed by Subsection G of this section if requested by a state
225	225	or federal agency or a law enforcement agency investigating the
226	226	suspected financial exploitation. The dealer or investment adviser
227	227	may also petition a court to extend a hold placed on a transaction
228	228	under Subsection F of this section beyond the period prescribed by
229	229	Subsection G of this section. A court may enter an order extending
230	230	or shortening a hold or providing other relief.
231	231	I. A securities professional or person serving in a legal
232	232	capacity for a dealer or investment adviser who makes a
233	233	notification under Subsection B of this section, a dealer or
234	234	investment adviser that submits a report under Subsection C of this
235	235	section or makes a notification under Subsection E of this section,
236	236	or a securities professional or person serving in a legal capacity
237	237	who or dealer or investment adviser that testifies or otherwise
238	238	participates in a judicial proceeding arising from a notification
239	239	or report is immune from any civil or criminal liability arising
240	240	from the notification, report, testimony, or participation in the
241	241	judicial proceeding, unless the securities professional, person
242	242	serving in a legal capacity for the dealer or investment adviser, or
243	243	dealer or investment adviser acted in bad faith or with a malicious
244	244	purpose.
245	245	J. A dealer or investment adviser that in good faith and
246	246	with the exercise of reasonable care places or does not place a hold
247	247	on a transaction under Subsection F(1) of this section is immune
248	248	from civil or criminal liability or disciplinary action resulting
249	249	from the action or failure to act.
250	250	K. To the extent permitted by state or federal law, a dealer
251	251	or investment adviser, on request, shall provide access to or
252	252	copies of records relevant to the suspected financial exploitation
253	253	of a vulnerable adult to the Securities Commissioner, the adult
254	254	protective services division, a law enforcement agency, or a
255	255	prosecuting attorney's office, either as part of a report to the
256	256	Securities Commissioner, adult protective services division, law
257	257	enforcement agency, or prosecuting attorney's office or at the
258	258	request of the Securities Commissioner, adult protective services
259	259	division, law enforcement agency, or prosecuting attorney's office
260	260	in accordance with an investigation.
261	261	L. The Board by rule shall prescribe the form and content of
262	262	the report required to be submitted by a dealer or investment
263	263	adviser to the Securities Commissioner under Subsection C of this
264	264	section.
265	265	SECTION 3. Subchapter A, Chapter 48, Human Resources Code,
266	266	is amended by adding Section 48.008 to read as follows:
267	267	Sec. 48.008. CONSOLIDATION OF CERTAIN REPORTS. If
268	268	cost-effective and feasible and to the extent permitted by law, the
269	269	executive commissioner by rule may consolidate the form and
270	270	procedures used to submit a report under Sections 48.051 and
271	271	48.072.
272	272	SECTION 4. Chapter 48, Human Resources Code, is amended by
273	273	adding Subchapter B-1 to read as follows:
274	274	SUBCHAPTER B-1. FINANCIAL EXPLOITATION OF VULNERABLE ADULTS
275	275	Sec. 48.071. DEFINITIONS. In this subchapter:
276	276	(1) "Dealer" and "investment adviser" have the
277	277	meanings assigned by Section 4, The Securities Act (Article 581-4,
278	278	Vernon's Texas Civil Statutes).
279	279	(2) "Financial exploitation," "financial
280	280	institution," and "vulnerable adult" have the meanings assigned by
281	281	Section 280.001, Finance Code.
282	282	(3) "Securities professional" has the meaning
283	283	assigned by Section 45, The Securities Act (Article 581-45,
284	284	Vernon's Texas Civil Statutes).
285	285	Sec. 48.072. CERTAIN REPORTS OF SUSPECTED FINANCIAL
286	286	EXPLOITATION. (a) The executive commissioner, after consultation
287	287	with the banking commissioner of Texas, the savings and mortgage
288	288	lending commissioner, the credit union commissioner, and the
289	289	securities commissioner, by rule shall prescribe the form and
290	290	content of the report required to be submitted by a financial
291	291	institution under Section 280.002(b), Finance Code, and the report
292	292	required to be submitted by a dealer or investment adviser under
293	293	Subsection C, Section 45, The Securities Act (Article 581-45,
294	294	Vernon's Texas Civil Statutes). A report submitted by a financial
295	295	institution under Section 280.002(b), Finance Code, or a report
296	296	submitted by a dealer or investment adviser under Subsection C,
297	297	Section 45, The Securities Act (Article 581-45, Vernon's Texas
298	298	Civil Statutes), constitutes a report of suspected financial
299	299	exploitation of a vulnerable adult for purposes of this subchapter.
300	300	(b) In adopting rules under this section, the executive
301	301	commissioner shall ensure that a report of suspected financial
302	302	exploitation of a vulnerable adult described by Subsection (a)
303	303	includes to the extent possible the same information required to be
304	304	included in a report under Section 48.051(d).
305	305	(c) A financial institution that submits a report to the
306	306	department of suspected financial exploitation of a vulnerable
307	307	adult under Section 280.002(b), Finance Code, or a dealer or
308	308	investment adviser that submits a report to the department of
309	309	suspected financial exploitation of a vulnerable adult under
310	310	Subsection C, Section 45, The Securities Act (Article 581-45,
311	311	Vernon's Texas Civil Statutes), in accordance with this section is
312	312	not required to make an additional report of suspected abuse,
313	313	neglect, or exploitation under Section 48.051 for the same conduct
314	314	constituting the financial exploitation reported under this
315	315	section.
316	316	Sec. 48.073. ASSESSMENT, INVESTIGATION, AND DISPOSITION OF
317	317	REPORTS. (a) The executive commissioner by rule shall adopt
318	318	procedures for the assessment, investigation, and disposition of a
319	319	report of suspected financial exploitation of a vulnerable adult
320	320	received under Section 280.002(b), Finance Code, or Subsection C,
321	321	Section 45, The Securities Act (Article 581-45, Vernon's Texas
322	322	Civil Statutes), that must be similar to the procedures used for the
323	323	assessment, investigation, and disposition of a report of abuse,
324	324	neglect, or exploitation received by the department under this
325	325	chapter, other than a report received under Subchapter F.
326	326	(b) The procedures adopted under this section must require:
327	327	(1) a risk assessment similar to the assessment
328	328	required under Section 48.004;
329	329	(2) investigations similar to the investigations
330	330	required under Subchapter D, including requirements that the
331	331	department:
332	332	(A) take action on a report within the time frame
333	333	and in the manner provided by Section 48.151;
334	334	(B) perform an interview with the vulnerable
335	335	adult similar to the interview required by Section 48.152;
336	336	(C) if appropriate, implement a system to
337	337	investigate complex cases similar to the system implemented under
338	338	Section 48.1521;
339	339	(D) report criminal conduct to appropriate law
340	340	enforcement agencies similar to the reports under Section 48.1522;
341	341	and
342	342	(E) review certain cases involving multiple
343	343	reports under Section 48.051 and this subchapter similar to the
344	344	review performed under Section 48.1523; and
345	345	(3) a determination of services similar to the
346	346	determination required by Section 48.202.
347	347	Sec. 48.074. AUTHORITY OF DEPARTMENT OR OTHER AGENCY. The
348	348	department or another appropriate state agency has the authority to
349	349	act on or with respect to an allegation of financial exploitation of
350	350	a vulnerable adult under this subchapter to the same extent the
351	351	department or other agency has the authority to act on or with
352	352	respect to an allegation of abuse, neglect, or exploitation under
353	353	Subchapter B.
354	354	Sec. 48.075. ACCESS TO INVESTIGATION. (a) To implement an
355	355	investigation of reported financial exploitation of a vulnerable
356	356	adult, the probate court, as defined by Section 22.007, Estates
357	357	Code, may authorize entry into the place of residence of a
358	358	vulnerable adult.
359	359	(b) A peace officer shall accompany and assist the person
360	360	making a court-ordered entry under this section if the court
361	361	determines that action is necessary.
362	362	Sec. 48.076. INTERFERENCE WITH INVESTIGATION OR SERVICES
363	363	PROHIBITED. (a) Notwithstanding Section 1151.001, Estates Code, a
364	364	person, including a guardian, may not interfere with:
365	365	(1) an investigation by the department or by another
366	366	protective services agency of suspected financial exploitation of a
367	367	vulnerable adult; or
368	368	(2) the provision of protective services to a
369	369	vulnerable adult.
370	370	(b) The department or another protective services agency
371	371	may petition the appropriate court to enjoin any interference with:
372	372	(1) an investigation of suspected financial
373	373	exploitation of a vulnerable adult under this subchapter; or
374	374	(2) the provision of protective services, such as
375	375	removing a vulnerable adult to safer surroundings or safeguarding
376	376	the vulnerable adult's resources from financial exploitation.
377	377	Sec. 48.077. MEMORANDUM OF UNDERSTANDING. The commission,
378	378	the banking commissioner of Texas, the savings and mortgage lending
379	379	commissioner, the credit union commissioner, the securities
380	380	commissioner, and the department shall enter into a memorandum of
381	381	understanding regarding the reporting and investigation of
382	382	suspected financial exploitation of a vulnerable adult under this
383	383	subchapter.
384	384	Sec. 48.078. CONFIDENTIALITY. (a) All files, reports,
385	385	records, communications, and working papers used or developed by
386	386	the department or other state agency in an investigation made under
387	387	this subchapter or in providing services as a result of an
388	388	investigation are confidential and not subject to disclosure under
389	389	Chapter 552, Government Code.
390	390	(b) The department or investigating state agency may
391	391	establish procedures to exchange with another state agency or
392	392	governmental entity information that is necessary for the
393	393	department, state agency, or governmental entity to properly
394	394	execute its respective duties and responsibilities to provide
395	395	services to vulnerable adults under this chapter or other law. An
396	396	exchange of information under this subsection does not affect
397	397	whether the information is subject to disclosure under Chapter 552,
398	398	Government Code.
399	399	SECTION 5. Subchapter C, Chapter 48, Human Resources Code,
400	400	is amended by adding Section 48.104 to read as follows:
401	401	Sec. 48.104. NONAPPLICABILITY. (a) This subchapter does
402	402	not apply to a report of financial exploitation of a vulnerable
403	403	adult made under Subchapter B-1.
404	404	(b) The confidentiality of information received or provided
405	405	by the department in connection with a report of financial
406	406	exploitation of a vulnerable adult made under Subchapter B-1 is
407	407	governed by Section 48.078.
408	408	SECTION 6. Subchapter D, Chapter 48, Human Resources Code,
409	409	is amended by adding Section 48.1511 to read as follows:
410	410	Sec. 48.1511. NONAPPLICABILITY. This subchapter does not
411	411	apply to an investigation conducted under Subchapter B-1 unless the
412	412	executive commissioner by rule requires the application of a
413	413	provision of this subchapter.
414	414	SECTION 7. Section 59.006(a), Finance Code, is amended to
415	415	read as follows:
416	416	(a) This section provides the exclusive method for
417	417	compelled discovery of a record of a financial institution relating
418	418	to one or more customers but does not create a right of privacy in a
419	419	record. This section does not apply to and does not require or
420	420	authorize a financial institution to give a customer notice of:
421	421	(1) a demand or inquiry from a state or federal
422	422	government agency authorized by law to conduct an examination of
423	423	the financial institution;
424	424	(2) a record request from a state or federal
425	425	government agency or instrumentality under statutory or
426	426	administrative authority that provides for, or is accompanied by, a
427	427	specific mechanism for discovery and protection of a customer
428	428	record of a financial institution, including a record request from
429	429	a federal agency subject to the Right to Financial Privacy Act of
430	430	1978 (12 U.S.C. Section 3401 et seq.), as amended, or from the
431	431	Internal Revenue Service under Section 1205, Internal Revenue Code
432	432	of 1986;
433	433	(3) a record request from or report to a government
434	434	agency arising out of:
435	435	(A) the investigation or prosecution of a
436	436	criminal offense;
437	437	(B) the investigation of alleged abuse, neglect,
438	438	or exploitation of an elderly or disabled person or of alleged
439	439	financial exploitation of a vulnerable adult in accordance with
440	440	Chapter 48, Human Resources Code; or
441	441	(C) the assessment for or provision of
442	442	guardianship services under Subchapter E, Chapter 161, Human
443	443	Resources Code;
444	444	(4) a record request in connection with a garnishment
445	445	proceeding in which the financial institution is garnishee and the
446	446	customer is debtor;
447	447	(5) a record request by a duly appointed receiver for
448	448	the customer;
449	449	(6) an investigative demand or inquiry from a state
450	450	legislative investigating committee;
451	451	(7) an investigative demand or inquiry from the
452	452	attorney general of this state as authorized by law other than the
453	453	procedural law governing discovery in civil cases;
454	454	(8) the voluntary use or disclosure of a record by a
455	455	financial institution subject to other applicable state or federal
456	456	law; or
457	457	(9) a record request in connection with an
458	458	investigation conducted under Section 1054.151, 1054.152, or
459	459	1102.001, Estates Code.
460	460	SECTION 8. This Act takes effect September 1, 2017.