Texas 2017 - 85th Regular

Texas Senate Bill SB926 Compare Versions

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1	1	By: Rodríguez S.B. No. 926
2	2	(In the Senate - Filed February 16, 2017; March 1, 2017,
3	3	read first time and referred to Committee on State Affairs;
4	4	April 26, 2017, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 9, Nays 0; April 26, 2017,
6	6	sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 926 By: Hughes
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to durable powers of attorney.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subchapter A, Chapter 751, Estates Code, is
16	16	amended by adding Section 751.0015 to read as follows:
17	17	Sec. 751.0015. APPLICABILITY OF SUBTITLE. This subtitle
18	18	applies to all durable powers of attorney except:
19	19	(1) a power of attorney to the extent it is coupled
20	20	with an interest in the subject of the power, including a power of
21	21	attorney given to or for the benefit of a creditor in connection
22	22	with a credit transaction;
23	23	(2) a medical power of attorney, as defined by Section
24	24	166.002, Health and Safety Code;
25	25	(3) a proxy or other delegation to exercise voting
26	26	rights or management rights with respect to an entity; or
27	27	(4) a power of attorney created on a form prescribed by
28	28	a government or governmental subdivision, agency, or
29	29	instrumentality for a governmental purpose.
30	30	SECTION 2. Subchapter A, Chapter 751, Estates Code, is
31	31	amended by amending Sections 751.002, 751.003, and 751.006 and
32	32	adding Sections 751.00201, 751.0021, 751.0022, 751.0023, 751.0024,
33	33	and 751.007 to read as follows:
34	34	Sec. 751.002. DEFINITIONS [DEFINITION OF DURABLE POWER OF
35	35	ATTORNEY]. In this subtitle:
36	36	(1) "Actual knowledge" means the knowledge of a person
37	37	without that person making any due inquiry, and without any imputed
38	38	knowledge, except as expressly set forth in Section 751.211(c).
39	39	(2) "Affiliate" means a business entity that directly
40	40	or indirectly controls, is controlled by, or is under common
41	41	control with another business entity.
42	42	(3) "Agent" includes:
43	43	(A) an attorney in fact; and
44	44	(B) a co-agent, successor agent, or successor
45	45	co-agent.
46	46	(4) "Durable power of attorney" means a writing or
47	47	other record that complies with the requirements of Section
48	48	751.0021(a) or is described by Section 751.0021(b).
49	49	(5) "Principal" means an adult person who signs or
50	50	directs the signing of the person's name on a power of attorney that
51	51	designates an agent to act on the person's behalf.
52	52	(6) "Record" means information that is inscribed on a
53	53	tangible medium or that is stored in an electronic or other medium
54	54	and is retrievable in perceivable form.
55	55	Sec. 751.00201. MEANING OF DISABLED OR INCAPACITATED FOR
56	56	PURPOSES OF DURABLE POWER OF ATTORNEY. Unless otherwise defined by
57	57	a durable power of attorney, a person is considered disabled or
58	58	incapacitated for purposes of the durable power of attorney if a
59	59	physician certifies in writing at a date later than the date the
60	60	durable power of attorney is executed that, based on the
61	61	physician's medical examination of the person, the person is
62	62	determined to be mentally incapable of managing the person's
63	63	financial affairs.
64	64	Sec. 751.0021. REQUIREMENTS OF DURABLE POWER OF ATTORNEY.
65	65	(a) An instrument is a durable power of attorney for purposes of
66	66	this subtitle if the [A "durable power of attorney" means a written]
67	67	instrument [that]:
68	68	(1) is a writing or other record that designates
69	69	another person as [attorney in fact or] agent and grants authority
70	70	to that agent to act in the place of the principal, regardless of
71	71	whether the term "power of attorney" is used;
72	72	(2) is signed by an adult principal or in the adult
73	73	principal's conscious presence by another adult directed by the
74	74	principal to sign the principal's name on the instrument;
75	75	(3) contains:
76	76	(A) the words:
77	77	(i) "This power of attorney is not affected
78	78	by subsequent disability or incapacity of the principal"; or
79	79	(ii) "This power of attorney becomes
80	80	effective on the disability or incapacity of the principal"; or
81	81	(B) words similar to those of Paragraph (A) that
82	82	clearly indicate [show the principal's intent] that the authority
83	83	conferred on the [attorney in fact or] agent shall be exercised
84	84	notwithstanding the principal's subsequent disability or
85	85	incapacity; and
86	86	(4) is acknowledged by the principal or another adult
87	87	directed by the principal as authorized by Subdivision (2) before
88	88	an officer authorized under the laws of this state or another state
89	89	to:
90	90	(A) take acknowledgments to deeds of conveyance;
91	91	and
92	92	(B) administer oaths.
93	93	(b) If the law of a jurisdiction other than this state
94	94	determines the meaning and effect of a writing or other record that
95	95	grants authority to an agent to act in the place of the principal,
96	96	regardless of whether the term "power of attorney" is used, and that
97	97	law provides that the authority conferred on the agent is
98	98	exercisable notwithstanding the principal's subsequent disability
99	99	or incapacity, the writing or other record is considered a durable
100	100	power of attorney under this subtitle.
101	101	Sec. 751.0022. PRESUMPTION OF GENUINE SIGNATURE. A
102	102	signature on a durable power of attorney that purports to be the
103	103	signature of the principal or of another adult directed by the
104	104	principal as authorized by Section 751.0021(a)(2) is presumed to be
105	105	genuine, and the durable power of attorney is presumed to have been
106	106	executed under Section 751.0021(a) if the officer taking the
107	107	acknowledgment has complied with the requirements of Section
108	108	121.004(b), Civil Practice and Remedies Code.
109	109	Sec. 751.0023. VALIDITY OF POWER OF ATTORNEY. (a) A
110	110	durable power of attorney executed in this state is valid if the
111	111	execution of the instrument complies with Section 751.0021(a).
112	112	(b) A durable power of attorney executed in a jurisdiction
113	113	other than this state is valid in this state if, when executed, the
114	114	execution of the durable power of attorney complied with:
115	115	(1) the law of the jurisdiction that determines the
116	116	meaning and effect of the durable power of attorney as provided by
117	117	Section 751.0024; or
118	118	(2) the requirements for a military power of attorney
119	119	as provided by 10 U.S.C. Section 1044b.
120	120	(c) Except as otherwise provided by statute other than this
121	121	subtitle or by the durable power of attorney, a photocopy or
122	122	electronically transmitted copy of an original durable power of
123	123	attorney has the same effect as the original instrument and may be
124	124	relied on, without liability, by a person who is asked to accept the
125	125	durable power of attorney to the same extent as the original.
126	126	Sec. 751.0024. MEANING AND EFFECT OF DURABLE POWER OF
127	127	ATTORNEY. The meaning and effect of a durable power of attorney is
128	128	determined by the law of the jurisdiction indicated in the durable
129	129	power of attorney and, in the absence of an indication of
130	130	jurisdiction, by:
131	131	(1) the law of the jurisdiction of the principal's
132	132	domicile, if the principal's domicile is indicated in the power of
133	133	attorney; or
134	134	(2) the law of the jurisdiction in which the durable
135	135	power of attorney was executed, if the principal's domicile is not
136	136	indicated in the power of attorney.
137	137	Sec. 751.003. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
138	138	This subtitle shall be applied and construed to effect the general
139	139	purpose of this subtitle, which is to make uniform to the fullest
140	140	extent possible the law with respect to the subject of this subtitle
141	141	among states enacting these provisions.
142	142	Sec. 751.006. REMEDIES UNDER OTHER LAW [RIGHTS CUMULATIVE].
143	143	The remedies [rights set out] under this chapter [subtitle] are not
144	144	exclusive and do not abrogate any right or remedy under any law of
145	145	this state other than this chapter [cumulative of any other rights
146	146	or remedies the principal may have at common law or other applicable
147	147	statutes and are not in derogation of those rights].
148	148	Sec. 751.007. CONFLICT WITH OTHER LAW. This subtitle does
149	149	not supersede any other law applicable to financial institutions or
150	150	other entities. To the extent of any conflict between this subtitle
151	151	and another law applicable to an entity, the other law controls.
152	152	SECTION 3. Chapter 751, Estates Code, is amended by adding
153	153	Subchapters A-1 and A-2 to read as follows:
154	154	SUBCHAPTER A-1. APPOINTMENT OF AGENTS
155	155	Sec. 751.021. CO-AGENTS. A principal may designate in a
156	156	durable power of attorney two or more persons to act as co-agents.
157	157	Unless the durable power of attorney otherwise provides, each
158	158	co-agent may exercise authority independently of the other
159	159	co-agent.
160	160	Sec. 751.022. ACCEPTANCE OF APPOINTMENT AS AGENT. Except
161	161	as otherwise provided in the durable power of attorney, a person
162	162	accepts appointment as an agent under a durable power of attorney by
163	163	exercising authority or performing duties as an agent or by any
164	164	other assertion or conduct indicating acceptance of the
165	165	appointment.
166	166	Sec. 751.023. SUCCESSOR AGENTS. (a) A principal may
167	167	designate in a durable power of attorney one or more successor
168	168	agents to act if an agent resigns, dies, or becomes incapacitated,
169	169	is not qualified to serve, or declines to serve.
170	170	(b) A principal may grant authority to designate one or more
171	171	successor agents to an agent or other person designated by name,
172	172	office, or function.
173	173	(c) Unless the durable power of attorney otherwise
174	174	provides, a successor agent:
175	175	(1) has the same authority as the authority granted to
176	176	the predecessor agent; and
177	177	(2) is not considered an agent under this subtitle and
178	178	may not act until all predecessor agents, including co-agents, to
179	179	the successor agent have resigned, died, or become incapacitated,
180	180	are not qualified to serve, or have declined to serve.
181	181	Sec. 751.024. REIMBURSEMENT AND COMPENSATION OF AGENT.
182	182	Unless the durable power of attorney otherwise provides, an agent
183	183	is entitled to:
184	184	(1) reimbursement of reasonable expenses incurred on
185	185	the principal's behalf; and
186	186	(2) compensation that is reasonable under the
187	187	circumstances.
188	188	SUBCHAPTER A-2. AUTHORITY OF AGENT UNDER DURABLE POWER OF ATTORNEY
189	189	Sec. 751.031. GRANTS OF AUTHORITY IN GENERAL AND CERTAIN
190	190	LIMITATIONS. (a) Subject to Subsections (b), (c), and (d) and
191	191	Section 751.032, if a durable power of attorney grants to an agent
192	192	the authority to perform all acts that the principal could perform,
193	193	the agent has the general authority conferred by Subchapter C,
194	194	Chapter 752.
195	195	(b) An agent may take the following actions on the
196	196	principal's behalf or with respect to the principal's property only
197	197	if the durable power of attorney designating the agent expressly
198	198	grants the agent the authority and the exercise of the authority is
199	199	not otherwise prohibited by another agreement or instrument to
200	200	which the authority or property is subject:
201	201	(1) create, amend, revoke, or terminate an inter vivos
202	202	trust;
203	203	(2) make a gift;
204	204	(3) create or change rights of survivorship;
205	205	(4) create or change a beneficiary designation; or
206	206	(5) delegate authority granted under the power of
207	207	attorney.
208	208	(c) Notwithstanding a grant of authority to perform an act
209	209	described by Subsection (b), unless the durable power of attorney
210	210	otherwise provides, an agent who is not an ancestor, spouse, or
211	211	descendant of the principal may not exercise authority under the
212	212	power of attorney to create in the agent, or in an individual to
213	213	whom the agent owes a legal obligation of support, an interest in
214	214	the principal's property, whether by gift, right of survivorship,
215	215	beneficiary designation, disclaimer, or otherwise.
216	216	(d) Subject to Subsections (b) and (c) and Section 751.032,
217	217	if the subjects over which authority is granted in a durable power
218	218	of attorney are similar or overlap, the broadest authority
219	219	controls.
220	220	(e) Authority granted in a durable power of attorney is
221	221	exercisable with respect to property that the principal has when
222	222	the power of attorney is executed or acquires later, regardless of
223	223	whether:
224	224	(1) the property is located in this state; and
225	225	(2) the authority is exercised in this state or the
226	226	power of attorney is executed in this state.
227	227	Sec. 751.032. GIFT AUTHORITY. (a) In this section, a gift
228	228	for the benefit of a person includes a gift to:
229	229	(1) a trust;
230	230	(2) an account under the Texas Uniform Transfers to
231	231	Minors Act (Chapter 141, Property Code) or a similar law of another
232	232	state; and
233	233	(3) a qualified tuition program of any state that
234	234	meets the requirements of Section 529, Internal Revenue Code of
235	235	1986.
236	236	(b) Unless the durable power of attorney otherwise
237	237	provides, a grant of authority to make a gift is subject to the
238	238	limitations prescribed by this section.
239	239	(c) Language in a durable power of attorney granting general
240	240	authority with respect to gifts authorizes the agent to only:
241	241	(1) make outright to, or for the benefit of, a person a
242	242	gift of any of the principal's property, including by the exercise
243	243	of a presently exercisable general power of appointment held by the
244	244	principal, in an amount per donee not to exceed:
245	245	(A) the annual dollar limits of the federal gift
246	246	tax exclusion under Section 2503(b), Internal Revenue Code of 1986,
247	247	regardless of whether the federal gift tax exclusion applies to the
248	248	gift; or
249	249	(B) if the principal's spouse agrees to consent
250	250	to a split gift as provided by Section 2513, Internal Revenue Code
251	251	of 1986, twice the annual federal gift tax exclusion limit; and
252	252	(2) consent, as provided by Section 2513, Internal
253	253	Revenue Code of 1986, to the splitting of a gift made by the
254	254	principal's spouse in an amount per donee not to exceed the
255	255	aggregate annual federal gift tax exclusions for both spouses.
256	256	(d) An agent may make a gift of the principal's property
257	257	only as the agent determines is consistent with the principal's
258	258	objectives if the agent actually knows those objectives. If the
259	259	agent does not know the principal's objectives, the agent may make a
260	260	gift of the principal's property only as the agent determines is
261	261	consistent with the principal's best interest based on all relevant
262	262	factors, including the factors listed in Section 751.122 and the
263	263	principal's personal history of making or joining in making gifts.
264	264	Sec. 751.033. AUTHORITY TO CREATE OR CHANGE CERTAIN
265	265	BENEFICIARY DESIGNATIONS. (a) Unless the durable power of
266	266	attorney otherwise provides, and except as provided by Section
267	267	751.031(c), authority granted to an agent under Section
268	268	751.031(b)(4) empowers the agent to:
269	269	(1) create or change a beneficiary designation under
270	270	an account, contract, or another arrangement that authorizes the
271	271	principal to designate a beneficiary, including an insurance or
272	272	annuity contract, a qualified or nonqualified retirement plan,
273	273	including a retirement plan as defined by Section 752.113, an
274	274	employment agreement, including a deferred compensation agreement,
275	275	and a residency agreement;
276	276	(2) enter into or change a P.O.D. account or trust
277	277	account under Chapter 113; or
278	278	(3) create or change a nontestamentary payment or
279	279	transfer under Chapter 111.
280	280	(b) If an agent is granted authority under Section
281	281	751.031(b)(4) and the durable power of attorney grants the
282	282	authority to the agent described in Section 752.108 or 752.113,
283	283	then, unless the power of attorney otherwise provides, the
284	284	authority of the agent to designate the agent as a beneficiary is
285	285	not subject to the limitations prescribed by Sections 752.108(b)
286	286	and 752.113(c).
287	287	(c) If an agent is not granted authority under Section
288	288	751.031(b)(4) but the durable power of attorney grants the
289	289	authority to the agent described in Section 752.108 or 752.113,
290	290	then, unless the power of attorney otherwise provides and
291	291	notwithstanding Section 751.031, the agent's authority to
292	292	designate the agent as a beneficiary is subject to the limitations
293	293	prescribed by Sections 752.108(b) and 752.113(c).
294	294	Sec. 751.034. INCORPORATION OF AUTHORITY. (a) An agent has
295	295	authority described in this chapter if the durable power of
296	296	attorney refers to general authority with respect to the
297	297	descriptive term for the subjects stated in Chapter 752 or cites the
298	298	section in which the authority is described.
299	299	(b) A reference in a durable power of attorney to general
300	300	authority with respect to the descriptive term for a subject in
301	301	Chapter 752 or a citation to one of those sections incorporates the
302	302	entire section as if the section were set out in its entirety in the
303	303	power of attorney.
304	304	(c) A principal may modify authority incorporated by
305	305	reference.
306	306	SECTION 4. Sections 751.051, 751.057, 751.101, 751.102,
307	307	751.103, 751.104, 751.105, and 751.106, Estates Code, are amended
308	308	to read as follows:
309	309	Sec. 751.051. EFFECT OF ACTS PERFORMED BY [ATTORNEY IN FACT
310	310	OR] AGENT [DURING PRINCIPAL'S DISABILITY OR INCAPACITY]. An [Each]
311	311	act performed by an [attorney in fact or] agent under a durable
312	312	power of attorney [during a period of the principal's disability or
313	313	incapacity] has the same effect[,] and inures to the benefit of and
314	314	binds the principal and the principal's successors in interest[,]
315	315	as if the principal had performed the act [were not disabled or
316	316	incapacitated].
317	317	Sec. 751.057. EFFECT OF BANKRUPTCY PROCEEDING. (a) The
318	318	filing of a voluntary or involuntary petition in bankruptcy in
319	319	connection with the debts of a principal who has executed a durable
320	320	power of attorney does not revoke or terminate the agency as to the
321	321	principal's [attorney in fact or] agent.
322	322	(b) Any act the [attorney in fact or] agent may undertake
323	323	with respect to the principal's property is subject to the
324	324	limitations and requirements of the United States Bankruptcy Code
325	325	(11 U.S.C. Section 101 et seq.) until a final determination is made
326	326	in the bankruptcy proceeding.
327	327	Sec. 751.101. FIDUCIARY DUTIES. A person who accepts
328	328	appointment as an agent under a durable power of attorney as
329	329	provided by Section 751.022 [An attorney in fact or agent] is a
330	330	fiduciary as to the principal only when acting as an agent under the
331	331	power of attorney and has a duty to inform and to account for
332	332	actions taken under the power of attorney.
333	333	Sec. 751.102. DUTY TO TIMELY INFORM PRINCIPAL. (a) The
334	334	[attorney in fact or] agent shall timely inform the principal of
335	335	each action taken under a durable [the] power of attorney.
336	336	(b) Failure of an [attorney in fact or] agent to timely
337	337	inform, as to third parties, does not invalidate any action of the
338	338	[attorney in fact or] agent.
339	339	Sec. 751.103. MAINTENANCE OF RECORDS. (a) The [attorney
340	340	in fact or] agent shall maintain records of each action taken or
341	341	decision made by the [attorney in fact or] agent.
342	342	(b) The [attorney in fact or] agent shall maintain all
343	343	records until delivered to the principal, released by the
344	344	principal, or discharged by a court.
345	345	Sec. 751.104. ACCOUNTING. (a) The principal may demand an
346	346	accounting by the [attorney in fact or] agent.
347	347	(b) Unless otherwise directed by the principal, an
348	348	accounting under Subsection (a) must include:
349	349	(1) the property belonging to the principal that has
350	350	come to the [attorney in fact's or] agent's knowledge or into the
351	351	[attorney in fact's or] agent's possession;
352	352	(2) each action taken or decision made by the
353	353	[attorney in fact or] agent;
354	354	(3) a complete account of receipts, disbursements, and
355	355	other actions of the [attorney in fact or] agent that includes the
356	356	source and nature of each receipt, disbursement, or action, with
357	357	receipts of principal and income shown separately;
358	358	(4) a listing of all property over which the [attorney
359	359	in fact or] agent has exercised control that includes:
360	360	(A) an adequate description of each asset; and
361	361	(B) the asset's current value, if the value is
362	362	known to the [attorney in fact or] agent;
363	363	(5) the cash balance on hand and the name and location
364	364	of the depository at which the cash balance is kept;
365	365	(6) each known liability; and
366	366	(7) any other information and facts known to the
367	367	[attorney in fact or] agent as necessary for a full and definite
368	368	understanding of the exact condition of the property belonging to
369	369	the principal.
370	370	(c) Unless directed otherwise by the principal, the
371	371	[attorney in fact or] agent shall also provide to the principal all
372	372	documentation regarding the principal's property.
373	373	Sec. 751.105. EFFECT OF FAILURE TO COMPLY; SUIT. If the
374	374	[attorney in fact or] agent fails or refuses to inform the
375	375	principal, provide documentation, or deliver an accounting under
376	376	Section 751.104 within 60 days of a demand under that section, or a
377	377	longer or shorter period as demanded by the principal or ordered by
378	378	a court, the principal may file suit to:
379	379	(1) compel the [attorney in fact or] agent to deliver
380	380	the accounting or the assets; or
381	381	(2) terminate the durable power of attorney.
382	382	Sec. 751.106. EFFECT OF SUBCHAPTER ON PRINCIPAL'S
383	383	RIGHTS. This subchapter does not limit the right of the principal
384	384	to terminate the durable power of attorney or to make additional
385	385	requirements of or to give additional instructions to the [attorney
386	386	in fact or] agent.
387	387	SECTION 5. Chapter 751, Estates Code, is amended by adding
388	388	Subchapters C-1 and C-2 to read as follows:
389	389	SUBCHAPTER C-1. OTHER DUTIES OF AGENT
390	390	Sec. 751.121. DUTY TO NOTIFY OF BREACH OF FIDUCIARY DUTY BY
391	391	OTHER AGENT. (a) An agent who has actual knowledge of a breach or
392	392	imminent breach of fiduciary duty by another agent shall notify the
393	393	principal and, if the principal is incapacitated, take any action
394	394	reasonably appropriate under the circumstances to safeguard the
395	395	principal's best interest. An agent who fails to notify the
396	396	principal or take action as required by this subsection is liable
397	397	for the reasonably foreseeable damages that could have been avoided
398	398	if the agent had notified the principal or taken the action.
399	399	(b) Except as otherwise provided by Subsection (a) or the
400	400	durable power of attorney, an agent who does not participate in or
401	401	conceal a breach of fiduciary duty committed by another agent,
402	402	including a predecessor agent, is not liable for the actions of the
403	403	other agent.
404	404	Sec. 751.122. DUTY TO PRESERVE PRINCIPAL'S ESTATE PLAN. An
405	405	agent shall preserve to the extent reasonably possible the
406	406	principal's estate plan to the extent the agent has actual
407	407	knowledge of the plan if preserving the plan is consistent with the
408	408	principal's best interest based on all relevant factors, including:
409	409	(1) the value and nature of the principal's property;
410	410	(2) the principal's foreseeable obligations and need
411	411	for maintenance;
412	412	(3) minimization of taxes, including income, estate,
413	413	inheritance, generation-skipping transfer, and gift taxes; and
414	414	(4) eligibility for a benefit, a program, or
415	415	assistance under a statute or regulation.
416	416	SUBCHAPTER C-2. DURATION OF DURABLE POWER OF ATTORNEY AND AGENT'S
417	417	AUTHORITY
418	418	Sec. 751.131. TERMINATION OF DURABLE POWER OF ATTORNEY. A
419	419	durable power of attorney terminates when:
420	420	(1) the principal dies;
421	421	(2) the principal revokes the power of attorney;
422	422	(3) the power of attorney provides that it terminates;
423	423	(4) the purpose of the power of attorney is
424	424	accomplished;
425	425	(5) one of the circumstances with respect to an agent
426	426	described by Section 751.132(a)(1), (2), or (3) arises and the
427	427	power of attorney does not provide for another agent to act under
428	428	the power of attorney; or
429	429	(6) a permanent guardian of the estate of the
430	430	principal has qualified to serve in that capacity as provided by
431	431	Section 751.133.
432	432	Sec. 751.132. TERMINATION OF AGENT'S AUTHORITY. (a) An
433	433	agent's authority under a durable power of attorney terminates
434	434	when:
435	435	(1) the principal revokes the authority;
436	436	(2) the agent dies, becomes incapacitated, is no
437	437	longer qualified, or resigns;
438	438	(3) the agent's marriage to the principal is dissolved
439	439	by court decree of divorce or annulment or is declared void by a
440	440	court, unless the power of attorney otherwise provides; or
441	441	(4) the power of attorney terminates.
442	442	(b) Unless the durable power of attorney otherwise
443	443	provides, an agent's authority may be exercised until the agent's
444	444	authority terminates under Subsection (a), notwithstanding a lapse
445	445	of time since the execution of the power of attorney.
446	446	Sec. 751.134. EFFECT ON CERTAIN PERSONS OF TERMINATION OF
447	447	DURABLE POWER OF ATTORNEY OR AGENT'S AUTHORITY. Termination of an
448	448	agent's authority or of a durable power of attorney is not effective
449	449	as to the agent or another person who, without actual knowledge of
450	450	the termination, acts in good faith under or in reliance on the
451	451	power of attorney. An act performed as described by this section,
452	452	unless otherwise invalid or unenforceable, binds the principal and
453	453	the principal's successors in interest.
454	454	Sec. 751.135. PREVIOUS DURABLE POWER OF ATTORNEY CONTINUES
455	455	IN EFFECT UNTIL REVOKED. The execution of a durable power of
456	456	attorney does not revoke a durable power of attorney previously
457	457	executed by the principal unless the subsequent power of attorney
458	458	provides that the previous power of attorney is revoked or that all
459	459	other durable powers of attorney are revoked.
460	460	SECTION 6. Section 751.052, Estates Code, is transferred to
461	461	Subchapter C-2, Chapter 751, Estates Code, as added by this Act,
462	462	redesignated as Section 751.133, Estates Code, and amended to read
463	463	as follows:
464	464	Sec. 751.133 [751.052]. RELATION OF [ATTORNEY IN FACT OR]
465	465	AGENT TO COURT-APPOINTED GUARDIAN OF ESTATE. (a) If, after
466	466	execution of a durable power of attorney, a court of the principal's
467	467	domicile appoints a permanent guardian of the estate of the
468	468	principal, the powers of the [attorney in fact or] agent terminate
469	469	on the qualification of the guardian of the estate. The [attorney
470	470	in fact or] agent shall:
471	471	(1) deliver to the guardian of the estate all assets of
472	472	the incapacitated person's [ward's] estate that are in the
473	473	possession of the [attorney in fact or] agent; and
474	474	(2) account to the guardian of the estate as the
475	475	[attorney in fact or] agent would account to the principal if the
476	476	principal had terminated the powers of the [attorney in fact or]
477	477	agent.
478	478	(b) If, after execution of a durable power of attorney, a
479	479	court of the principal's domicile appoints a temporary guardian of
480	480	the estate of the principal, the court may suspend the powers of the
481	481	[attorney in fact or] agent on the qualification of the temporary
482	482	guardian of the estate until the date the term of the temporary
483	483	guardian expires. This subsection may not be construed to prohibit
484	484	the application for or issuance of a temporary restraining order
485	485	under applicable law.
486	486	SECTION 7. Section 751.151, Estates Code, is amended to
487	487	read as follows:
488	488	Sec. 751.151. RECORDING FOR REAL PROPERTY TRANSACTIONS
489	489	REQUIRING EXECUTION AND DELIVERY OF INSTRUMENTS. A durable power
490	490	of attorney for a real property transaction requiring the execution
491	491	and delivery of an instrument that is to be recorded, including a
492	492	release, assignment, satisfaction, mortgage, including a reverse
493	493	mortgage, security agreement, deed of trust, encumbrance, deed of
494	494	conveyance, oil, gas, or other mineral lease, memorandum of a
495	495	lease, lien, including a home equity lien, or other claim or right
496	496	to real property, must be recorded in the office of the county clerk
497	497	of the county in which the property is located not later than the
498	498	30th day after the date the instrument is filed for recording.
499	499	SECTION 8. Chapter 751, Estates Code, is amended by adding
500	500	Subchapters E and F to read as follows:
501	501	SUBCHAPTER E. ACCEPTANCE OF AND RELIANCE ON DURABLE POWER OF
502	502	ATTORNEY
503	503	Sec. 751.201. ACCEPTANCE OF DURABLE POWER OF ATTORNEY
504	504	REQUIRED; EXCEPTIONS. (a) Unless one or more grounds for refusal
505	505	under Section 751.206 exist, a person who is presented with and
506	506	asked to accept a durable power of attorney by an agent with
507	507	authority to act under the power of attorney shall:
508	508	(1) accept the power of attorney; or
509	509	(2) before accepting the power of attorney:
510	510	(A) request an agent's certification under
511	511	Section 751.203 or an opinion of counsel under Section 751.204 not
512	512	later than the seventh business day after the date the power of
513	513	attorney is presented, except as provided by Subsection (c); or
514	514	(B) if applicable, request an English
515	515	translation under Section 751.205 not later than the fifth business
516	516	day after the date the power of attorney is presented, except as
517	517	provided by Subsection (c).
518	518	(b) Unless one or more grounds for refusal under Section
519	519	751.206 exist and except as provided by Subsection (c), a person who
520	520	requests:
521	521	(1) an agent's certification must accept the durable
522	522	power of attorney not later than the fifth business day after the
523	523	date the person receives the requested certification; and
524	524	(2) an opinion of counsel must accept the durable
525	525	power of attorney not later than the seventh business day after the
526	526	date the person receives the requested opinion.
527	527	(c) An agent presenting a durable power of attorney for
528	528	acceptance and the person to whom the power of attorney is presented
529	529	may agree to extend a period prescribed by Subsection (a) or (b).
530	530	(d) If an English translation of a durable power of attorney
531	531	is requested as authorized by Subsection (a)(2)(B), the power of
532	532	attorney is not considered presented for acceptance under
533	533	Subsection (a) until the date the requestor receives the
534	534	translation. On and after that date, the power of attorney shall be
535	535	treated as a power of attorney originally prepared in English for
536	536	all the purposes of this subchapter.
537	537	(e) A person is not required to accept a durable power of
538	538	attorney under this section if the agent refuses to or does not
539	539	provide a requested certification, opinion of counsel, or English
540	540	translation under this subchapter.
541	541	Sec. 751.202. OTHER FORM OR RECORDING OF DURABLE POWER OF
542	542	ATTORNEY AS CONDITION OF ACCEPTANCE PROHIBITED. A person who is
543	543	asked to accept a durable power of attorney under Section 751.201
544	544	may not require that:
545	545	(1) an additional or different form of the power of
546	546	attorney be presented for authority that is granted in the power of
547	547	attorney presented to the person; or
548	548	(2) the power of attorney be recorded in the office of
549	549	a county clerk unless the recording of the instrument is required by
550	550	Section 751.151 or another law of this state.
551	551	Sec. 751.203. AGENT'S CERTIFICATION. (a) Before
552	552	accepting a durable power of attorney under Section 751.201, the
553	553	person to whom the power of attorney is presented may request that
554	554	the agent presenting the power of attorney provide to the person an
555	555	agent's certification, under penalty of perjury, of any factual
556	556	matter concerning the principal, agent, or power of attorney.
557	557	(b) A certification described by Subsection (a) may be in
558	558	the following form:
559	559	CERTIFICATION OF DURABLE POWER OF ATTORNEY BY AGENT
560	560	I, ___________ (agent), certify under penalty of perjury
561	561	that:
562	562	1. I am the agent named in the power of attorney validly
563	563	executed by ___________ (principal) ("principal") on ____________
564	564	(date), and the power of attorney is now in full force and effect.
565	565	2. The principal is not deceased and is presently domiciled
566	566	in ___________ (city and state/territory or foreign country).
567	567	3. To the best of my knowledge after diligent search and
568	568	inquiry:
569	569	a. The power of attorney has not been revoked by the
570	570	principal or suspended or terminated by the occurrence of any
571	571	event, whether or not referenced in the power of attorney;
572	572	b. A permanent guardian of the estate of the principal
573	573	has not qualified to serve in that capacity;
574	574	c. My powers under the power of attorney have not been
575	575	suspended by a court in a temporary guardianship or other
576	576	proceeding;
577	577	d. If I am (or was) the principal's spouse, my marriage
578	578	to the principal has not been dissolved by court decree of divorce
579	579	or annulment or declared void by a court, or the power of attorney
580	580	provides specifically that my appointment as the agent for the
581	581	principal does not terminate if my marriage to the principal has
582	582	been dissolved by court decree of divorce or annulment or declared
583	583	void by a court;
584	584	e. No proceeding has been commenced for a temporary or
585	585	permanent guardianship of the person or estate, or both, of the
586	586	principal; and
587	587	f. The exercise of my authority is not prohibited by
588	588	another agreement or instrument.
589	589	4. If under its terms the power of attorney becomes
590	590	effective on the disability or incapacity of the principal or at a
591	591	future time or on the occurrence of a contingency, the principal now
592	592	has a disability or is incapacitated or the specified future time or
593	593	contingency has occurred.
594	594	5. I am acting within the scope of my authority under the
595	595	power of attorney, and my authority has not been altered or
596	596	terminated.
597	597	6. If applicable, I am the successor to ___________
598	598	(predecessor agent), who has resigned, died, or become
599	599	incapacitated, is not qualified to serve or has declined to serve as
600	600	agent, or is otherwise unable to act. There are no unsatisfied
601	601	conditions remaining under the power of attorney that preclude my
602	602	acting as successor agent.
603	603	7. I agree not to:
604	604	a. Exercise any powers granted by the power of
605	605	attorney if I attain knowledge that the power of attorney has been
606	606	revoked, suspended, or terminated; or
607	607	b. Exercise any specific powers that have been
608	608	revoked, suspended, or terminated.
609	609	8. A true and correct copy of the power of attorney is
610	610	attached to this document.
611	611	9. If used in connection with an extension of credit under
612	612	Section 50(a)(6), Article XVI, Texas Constitution, the power of
613	613	attorney was executed in the office of the lender, the office of a
614	614	title company, or the law office of ____________________.
615	615	Date: __________, 20__.
616	616	__________________________________ (signature of agent)
617	617	(c) A certification made in compliance with this section is
618	618	conclusive proof of the factual matter that is the subject of the
619	619	certification.
620	620	Sec. 751.204. OPINION OF COUNSEL. (a) Before accepting a
621	621	durable power of attorney under Section 751.201, the person to whom
622	622	the power of attorney is presented may request from the agent
623	623	presenting the power of attorney an opinion of counsel regarding
624	624	any matter of law concerning the power of attorney so long as the
625	625	person provides to the agent the reason for the request in a writing
626	626	or other record.
627	627	(b) Except as otherwise provided in an agreement to extend
628	628	the request period under Section 751.201(c), an opinion of counsel
629	629	requested under this section must be provided by the principal or
630	630	agent, at the principal's expense. If, without an extension, the
631	631	requestor requests the opinion later than the seventh business day
632	632	after the date the durable power of attorney is presented to the
633	633	requestor, the principal or agent may, but is not required to,
634	634	provide the opinion, at the requestor's expense.
635	635	Sec. 751.205. ENGLISH TRANSLATION. (a) Before accepting a
636	636	durable power of attorney under Section 751.201 that contains,
637	637	wholly or partly, language other than English, the person to whom
638	638	the power of attorney is presented may request from the agent
639	639	presenting the power of attorney an English translation of the
640	640	power of attorney.
641	641	(b) Except as otherwise provided in an agreement to extend
642	642	the request period under Section 751.201(c), an English translation
643	643	requested under this section must be provided by the principal or
644	644	agent, at the principal's expense. If, without an extension, the
645	645	requestor requests the translation later than the fifth business
646	646	day after the date the durable power of attorney is presented to the
647	647	requestor, the principal or agent may, but is not required to,
648	648	provide the translation, at the requestor's expense.
649	649	Sec. 751.206. GROUNDS FOR REFUSING ACCEPTANCE. A person is
650	650	not required to accept a durable power of attorney under this
651	651	subchapter if:
652	652	(1) the person would not otherwise be required to
653	653	engage in a transaction with the principal under the same
654	654	circumstances, including a circumstance in which the agent seeks
655	655	to:
656	656	(A) establish a customer relationship with the
657	657	person under the power of attorney when the principal is not already
658	658	a customer of the person or expand an existing customer
659	659	relationship with the person under the power of attorney; or
660	660	(B) acquire a product or service under the power
661	661	of attorney that the person does not offer;
662	662	(2) the person's engaging in the transaction with the
663	663	agent or with the principal under the same circumstances would be
664	664	inconsistent with:
665	665	(A) another law of this state or a federal
666	666	statute, rule, or regulation;
667	667	(B) a request from a law enforcement agency; or
668	668	(C) a policy adopted by the person in good faith
669	669	that is necessary to comply with another law of this state or a
670	670	federal statute, rule, regulation, regulatory directive, guidance,
671	671	or executive order applicable to the person;
672	672	(3) the person would not engage in a similar
673	673	transaction with the agent because the person or an affiliate of the
674	674	person:
675	675	(A) has filed a suspicious activity report as
676	676	described by 31 U.S.C. Section 5318(g) with respect to the
677	677	principal or agent;
678	678	(B) believes in good faith that the principal or
679	679	agent has a prior criminal history involving financial crimes; or
680	680	(C) has had a previous, unsatisfactory business
681	681	relationship with the agent due to or resulting in:
682	682	(i) material loss to the person;
683	683	(ii) financial mismanagement by the agent;
684	684	(iii) litigation between the person and the
685	685	agent alleging substantial damages; or
686	686	(iv) multiple nuisance lawsuits filed by
687	687	the agent;
688	688	(4) the person has actual knowledge of the termination
689	689	of the agent's authority or of the power of attorney before an
690	690	agent's exercise of authority under the power of attorney;
691	691	(5) the agent refuses to comply with a request for a
692	692	certification, opinion of counsel, or translation under Section
693	693	751.201 or, if the agent complies with one or more of those
694	694	requests, the requestor in good faith is unable to determine the
695	695	validity of the power of attorney or the agent's authority to act
696	696	under the power of attorney because the certification, opinion, or
697	697	translation is incorrect, incomplete, unclear, limited, qualified,
698	698	or otherwise deficient in a manner that makes the certification,
699	699	opinion, or translation ineffective for its intended purpose, as
700	700	determined in good faith by the requestor;
701	701	(6) regardless of whether an agent's certification,
702	702	opinion of counsel, or translation has been requested or received
703	703	by the person under this subchapter, the person believes in good
704	704	faith that:
705	705	(A) the power of attorney is not valid;
706	706	(B) the agent does not have the authority to act
707	707	as attempted; or
708	708	(C) the performance of the requested act would
709	709	violate the terms of:
710	710	(i) a business entity's governing
711	711	documents; or
712	712	(ii) an agreement affecting a business
713	713	entity, including how the entity's business is conducted;
714	714	(7) the person commenced, or has actual knowledge that
715	715	another person commenced, a judicial proceeding to construe the
716	716	power of attorney or review the agent's conduct and that proceeding
717	717	is pending;
718	718	(8) the person commenced, or has actual knowledge that
719	719	another person commenced, a judicial proceeding for which a final
720	720	determination was made that found:
721	721	(A) the power of attorney invalid with respect to
722	722	a purpose for which the power of attorney is being presented for
723	723	acceptance; or
724	724	(B) the agent lacked the authority to act in the
725	725	same manner in which the agent is attempting to act under the power
726	726	of attorney;
727	727	(9) the person makes, has made, or has actual
728	728	knowledge that another person has made a report to a law enforcement
729	729	agency or other federal or state agency, including the Department
730	730	of Family and Protective Services, stating a good faith belief that
731	731	the principal may be subject to physical or financial abuse,
732	732	neglect, exploitation, or abandonment by the agent or a person
733	733	acting with or on behalf of the agent;
734	734	(10) the person receives conflicting instructions or
735	735	communications with regard to a matter from co-agents acting under
736	736	the same power of attorney or from agents acting under different
737	737	powers of attorney signed by the same principal or another adult
738	738	acting for the principal as authorized by Section 751.0021,
739	739	provided that the person may refuse to accept the power of attorney
740	740	only with respect to that matter; or
741	741	(11) the person is not required to accept the durable
742	742	power of attorney by the law of the jurisdiction that applies in
743	743	determining the power of attorney's meaning and effect, or the
744	744	powers conferred under the durable power of attorney that the agent
745	745	is attempting to exercise are not included within the scope of
746	746	activities to which the law of that jurisdiction applies.
747	747	Sec. 751.207. WRITTEN STATEMENT OF REFUSAL OF ACCEPTANCE
748	748	REQUIRED. (a) Except as provided by Subsection (b), a person who
749	749	refuses to accept a durable power of attorney under this subchapter
750	750	shall provide to the agent presenting the power of attorney for
751	751	acceptance a written statement advising the agent of the reason or
752	752	reasons the person is refusing to accept the power of attorney.
753	753	(b) If the reason a person is refusing to accept a durable
754	754	power of attorney is a reason described by Section 751.206(2) or
755	755	(3):
756	756	(1) the person shall provide to the agent presenting
757	757	the power of attorney for acceptance a written statement signed by
758	758	the person under penalty of perjury stating that the reason for the
759	759	refusal is a reason described by Section 751.206(2) or (3); and
760	760	(2) the person refusing to accept the power of
761	761	attorney is not required to provide any additional explanation for
762	762	refusing to accept the power of attorney.
763	763	(c) The person must provide to the agent the written
764	764	statement required under Subsection (a) or (b) on or before the date
765	765	the person would otherwise be required to accept the durable power
766	766	of attorney under Section 751.201.
767	767	Sec. 751.208. DATE OF ACCEPTANCE. A durable power of
768	768	attorney is considered accepted by a person under Section 751.201
769	769	on the first day the person agrees to act at the agent's direction
770	770	under the power of attorney.
771	771	Sec. 751.209. GOOD FAITH RELIANCE ON DURABLE POWER OF
772	772	ATTORNEY. (a) A person who in good faith accepts a durable power
773	773	of attorney without actual knowledge that the signature of the
774	774	principal or of another adult directed by the principal to sign the
775	775	principal's name as authorized by Section 751.0021 is not genuine
776	776	may rely on the presumption under Section 751.0022 that the
777	777	signature is genuine and that the power of attorney was properly
778	778	executed.
779	779	(b) A person who in good faith accepts a durable power of
780	780	attorney without actual knowledge that the power of attorney is
781	781	void, invalid, or terminated, that the purported agent's authority
782	782	is void, invalid, or terminated, or that the agent is exceeding or
783	783	improperly exercising the agent's authority may rely on the power
784	784	of attorney as if:
785	785	(1) the power of attorney were genuine, valid, and
786	786	still in effect;
787	787	(2) the agent's authority were genuine, valid, and
788	788	still in effect; and
789	789	(3) the agent had not exceeded and had properly
790	790	exercised the authority.
791	791	Sec. 751.210. RELIANCE ON CERTAIN REQUESTED INFORMATION. A
792	792	person may rely on, without further investigation or liability to
793	793	another person, an agent's certification, opinion of counsel, or
794	794	English translation that is provided to the person under this
795	795	subchapter.
796	796	Sec. 751.211. ACTUAL KNOWLEDGE OF PERSON WHEN TRANSACTIONS
797	797	CONDUCTED THROUGH EMPLOYEES. (a) This section applies to a person
798	798	who conducts a transaction or activity through an employee of the
799	799	person.
800	800	(b) For purposes of this chapter, a person is not considered
801	801	to have actual knowledge of a fact relating to a durable power of
802	802	attorney, principal, or agent if the employee conducting the
803	803	transaction or activity involving the power of attorney does not
804	804	have actual knowledge of the fact.
805	805	(c) For purposes of this chapter, a person is considered to
806	806	have actual knowledge of a fact relating to a durable power of
807	807	attorney, principal, or agent if the employee conducting the
808	808	transaction or activity involving the power of attorney has actual
809	809	knowledge of the fact.
810	810	Sec. 751.212. CAUSE OF ACTION FOR REFUSAL TO ACCEPT DURABLE
811	811	POWER OF ATTORNEY. (a) The principal or an agent acting on the
812	812	principal's behalf may bring an action against a person who refuses
813	813	to accept a durable power of attorney in violation of this
814	814	subchapter.
815	815	(b) An action under Subsection (a) may not be commenced
816	816	against a person until after the date the person is required to
817	817	accept the durable power of attorney under Section 751.201.
818	818	(c) If the court finds that the person refused to accept the
819	819	durable power of attorney in violation of this subchapter, the
820	820	court, as the exclusive remedy under this chapter:
821	821	(1) shall order the person to accept the power of
822	822	attorney; and
823	823	(2) may award the plaintiff court costs and reasonable
824	824	and necessary attorney's fees.
825	825	(d) The court shall dismiss an action under this section
826	826	that was commenced after the date a written statement described by
827	827	Section 751.207(b) was provided to the agent.
828	828	(e) Notwithstanding Subsection (c), if the agent receives a
829	829	written statement described by Section 751.207(b) after the date a
830	830	timely action is commenced under this section, the court may not
831	831	order the person to accept the durable power of attorney, but
832	832	instead may award the plaintiff court costs and reasonable and
833	833	necessary attorney's fees as the exclusive remedy under this
834	834	chapter.
835	835	Sec. 751.213. LIABILITY OF PRINCIPAL. If the court finds in
836	836	an action under Section 751.212 that the action was commenced after
837	837	the date the written statement described by Section 751.207(b) was
838	838	timely provided to the agent and expressly finds that the refusal of
839	839	the person against whom the action was brought to accept the durable
840	840	power of attorney was permitted under this chapter, and if Section
841	841	751.212(e) does not apply and the court does not issue an order
842	842	ordering the person to accept the power of attorney, the principal
843	843	may be liable to the person who refused to accept the power of
844	844	attorney for court costs and reasonable and necessary attorney's
845	845	fees incurred in defending the action.
846	846	SUBCHAPTER F. CIVIL REMEDIES
847	847	Sec. 751.251. JUDICIAL RELIEF. (a) The following may
848	848	bring an action requesting a court to construe, or determine the
849	849	validity or enforceability of, a durable power of attorney, or to
850	850	review an agent's conduct under a durable power of attorney and
851	851	grant appropriate relief:
852	852	(1) the principal or the agent;
853	853	(2) a guardian, conservator, or other fiduciary acting
854	854	for the principal;
855	855	(3) a person named as a beneficiary to receive
856	856	property, a benefit, or a contractual right on the principal's
857	857	death;
858	858	(4) a governmental agency with regulatory authority to
859	859	protect the principal's welfare; and
860	860	(5) a person who demonstrates to the court sufficient
861	861	interest in the principal's welfare or estate.
862	862	(b) A person who is asked to accept a durable power of
863	863	attorney may bring an action requesting a court to construe, or
864	864	determine the validity or enforceability of, the power of attorney.
865	865	(c) On the principal's motion, the court shall dismiss an
866	866	action under Subsection (a) unless the court finds that the
867	867	principal lacks capacity to revoke the agent's authority or the
868	868	durable power of attorney.
869	869	SECTION 9. Section 752.051, Estates Code, is amended to
870	870	read as follows:
871	871	Sec. 752.051. FORM. The following form is known as a
872	872	"statutory durable power of attorney":
873	873	STATUTORY DURABLE POWER OF ATTORNEY
874	874	NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING.
875	875	THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, SUBTITLE P,
876	876	TITLE 2, ESTATES CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE
877	877	POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT
878	878	AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS
879	879	FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO
880	880	DO SO. IF YOU WANT YOUR AGENT TO HAVE THE AUTHORITY TO SIGN HOME
881	881	EQUITY LOAN DOCUMENTS ON YOUR BEHALF, THIS POWER OF ATTORNEY MUST BE
882	882	SIGNED BY YOU AT THE OFFICE OF THE LENDER, AN ATTORNEY AT LAW, OR A
883	883	TITLE COMPANY.
884	884	You should select someone you trust to serve as your agent
885	885	[(attorney in fact)]. Unless you specify otherwise, generally the
886	886	agent's [(attorney in fact's)] authority will continue until:
887	887	(1) you die or revoke the power of attorney;
888	888	(2) your agent [(attorney in fact)] resigns or is
889	889	unable to act for you; or
890	890	(3) a guardian is appointed for your estate.
891	891	I, __________ (insert your name and address), appoint
892	892	__________ (insert the name and address of the person appointed) as
893	893	my agent [(attorney in fact)] to act for me in any lawful way with
894	894	respect to all of the following powers that I have initialed below.
895	895	(YOU MAY APPOINT CO-AGENTS. UNLESS YOU PROVIDE OTHERWISE,
896	896	CO-AGENTS MAY ACT INDEPENDENTLY.)
897	897	TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN
898	898	FRONT OF (N) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS
899	899	LISTED IN (A) THROUGH (M).
900	900	TO GRANT A POWER, YOU MUST INITIAL THE LINE IN FRONT OF THE
901	901	POWER YOU ARE GRANTING.
902	902	TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF THE
903	903	POWER. YOU MAY, BUT DO NOT NEED TO, CROSS OUT EACH POWER WITHHELD.
904	904	____ (A) Real property transactions;
905	905	____ (B) Tangible personal property transactions;
906	906	____ (C) Stock and bond transactions;
907	907	____ (D) Commodity and option transactions;
908	908	____ (E) Banking and other financial institution
909	909	transactions;
910	910	____ (F) Business operating transactions;
911	911	____ (G) Insurance and annuity transactions;
912	912	____ (H) Estate, trust, and other beneficiary transactions;
913	913	____ (I) Claims and litigation;
914	914	____ (J) Personal and family maintenance;
915	915	____ (K) Benefits from social security, Medicare, Medicaid,
916	916	or other governmental programs or civil or military service;
917	917	____ (L) Retirement plan transactions;
918	918	____ (M) Tax matters;
919	919	____ (N) ALL OF THE POWERS LISTED IN (A) THROUGH (M). YOU DO
920	920	NOT HAVE TO INITIAL THE LINE IN FRONT OF ANY OTHER POWER IF YOU
921	921	INITIAL LINE (N).
922	922	SPECIAL INSTRUCTIONS:
923	923	Special instructions applicable to agent compensation
924	924	(initial in front of one of the following sentences to have it
925	925	apply; if no selection is made, each agent will be entitled to
926	926	compensation that is reasonable under the circumstances):
927	927	____ My agent is entitled to reimbursement of reasonable
928	928	expenses incurred on my behalf and to compensation that is
929	929	reasonable under the circumstances.
930	930	____ My agent is entitled to reimbursement of reasonable
931	931	expenses incurred on my behalf but shall receive no compensation
932	932	for serving as my agent.
933	933	Special instructions applicable to co-agents (if you have
934	934	appointed co-agents to act, initial in front of one of the following
935	935	sentences to have it apply; if no selection is made, each agent will
936	936	be entitled to act independently):
937	937	____ Each of my co-agents may act independently for me.
938	938	____ My co-agents may act for me only if the co-agents act
939	939	jointly.
940	940	____ My co-agents may act for me only if a majority of the
941	941	co-agents act jointly.
942	942	Special instructions applicable to gifts (initial in front of
943	943	the following sentence to have it apply):
944	944	____ I grant my agent [(attorney in fact)] the power to apply my
945	945	property to make gifts outright to or for the benefit of a person,
946	946	including by the exercise of a presently exercisable general power
947	947	of appointment held by me, except that the amount of a gift to an
948	948	individual may not exceed the amount of annual exclusions allowed
949	949	from the federal gift tax for the calendar year of the gift.
950	950	ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS
951	951	LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.
952	952	________________________________________________________________
953	953	________________________________________________________________
954	954	________________________________________________________________
955	955	________________________________________________________________
956	956	________________________________________________________________
957	957	________________________________________________________________
958	958	________________________________________________________________
959	959	________________________________________________________________
960	960	________________________________________________________________
961	961	UNLESS YOU DIRECT OTHERWISE BELOW [ABOVE], THIS POWER OF
962	962	ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT
963	963	TERMINATES [IS REVOKED].
964	964	CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE
965	965	ALTERNATIVE NOT CHOSEN:
966	966	(A) This power of attorney is not affected by my subsequent
967	967	disability or incapacity.
968	968	(B) This power of attorney becomes effective upon my
969	969	disability or incapacity.
970	970	YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY
971	971	IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.
972	972	IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT
973	973	YOU CHOSE ALTERNATIVE (A).
974	974	If Alternative (B) is chosen and a definition of my
975	975	disability or incapacity is not contained in this power of
976	976	attorney, I shall be considered disabled or incapacitated for
977	977	purposes of this power of attorney if a physician certifies in
978	978	writing at a date later than the date this power of attorney is
979	979	executed that, based on the physician's medical examination of me,
980	980	I am mentally incapable of managing my financial affairs. I
981	981	authorize the physician who examines me for this purpose to
982	982	disclose my physical or mental condition to another person for
983	983	purposes of this power of attorney. A third party who accepts this
984	984	power of attorney is fully protected from any action taken under
985	985	this power of attorney that is based on the determination made by a
986	986	physician of my disability or incapacity.
987	987	I agree that any third party who receives a copy of this
988	988	document may act under it. Termination [Revocation] of this [the]
989	989	durable power of attorney is not effective as to a third party until
990	990	the third party has actual knowledge [receives actual notice] of
991	991	the termination [revocation]. I agree to indemnify the third party
992	992	for any claims that arise against the third party because of
993	993	reliance on this power of attorney. The meaning and effect of this
994	994	durable power of attorney is determined by Texas law.
995	995	If any agent named by me dies, becomes incapacitated [legally
996	996	disabled], resigns, or refuses to act, or if my marriage to an agent
997	997	named by me is dissolved by a court decree of divorce or annulment
998	998	or is declared void by a court (unless I provided in this document
999	999	that the dissolution or declaration does not terminate the agent's
1000	1000	authority to act under this power of attorney), I name the following
1001	1001	(each to act alone and successively, in the order named) as
1002	1002	successor(s) to that agent: __________.
1003	1003	Signed this ______ day of __________, _____________
1004	1004	___________________________
1005	1005	(your signature)
1006	1006	State of _______________________
1007	1007	County of ______________________
1008	1008	This document was acknowledged before me on ____________(date) by
1009	1009	________________________
1010	1010	(name of principal)
1011	1011	____________________________
1012	1012	(signature of notarial officer)
1013	1013	(Seal, if any, of notary) ______________________________________
1014	1014	(printed name)
1015	1015	My commission expires: __________
1016	1016	IMPORTANT INFORMATION FOR AGENT [(ATTORNEY IN FACT)]
1017	1017	Agent's Duties
1018	1018	When you accept the authority granted under this power of
1019	1019	attorney, you establish a "fiduciary" relationship with the
1020	1020	principal. This is a special legal relationship that imposes on you
1021	1021	legal duties that continue until you resign or the power of attorney
1022	1022	is terminated or revoked by the principal or by operation of law. A
1023	1023	fiduciary duty generally includes the duty to:
1024	1024	(1) act in good faith;
1025	1025	(2) do nothing beyond the authority granted in this
1026	1026	power of attorney;
1027	1027	(3) act loyally for the principal's benefit;
1028	1028	(4) avoid conflicts that would impair your ability to
1029	1029	act in the principal's best interest; and
1030	1030	(5) disclose your identity as an agent [or attorney in
1031	1031	fact] when you act for the principal by writing or printing the name
1032	1032	of the principal and signing your own name as "agent" [or "attorney
1033	1033	in fact"] in the following manner:
1034	1034	(Principal's Name) by (Your Signature) as Agent [(or as
1035	1035	Attorney in Fact)]
1036	1036	In addition, the Durable Power of Attorney Act (Subtitle P,
1037	1037	Title 2, Estates Code) requires you to:
1038	1038	(1) maintain records of each action taken or decision
1039	1039	made on behalf of the principal;
1040	1040	(2) maintain all records until delivered to the
1041	1041	principal, released by the principal, or discharged by a court; and
1042	1042	(3) if requested by the principal, provide an
1043	1043	accounting to the principal that, unless otherwise directed by the
1044	1044	principal or otherwise provided in the Special Instructions, must
1045	1045	include:
1046	1046	(A) the property belonging to the principal that
1047	1047	has come to your knowledge or into your possession;
1048	1048	(B) each action taken or decision made by you as
1049	1049	agent [or attorney in fact];
1050	1050	(C) a complete account of receipts,
1051	1051	disbursements, and other actions of you as agent [or attorney in
1052	1052	fact] that includes the source and nature of each receipt,
1053	1053	disbursement, or action, with receipts of principal and income
1054	1054	shown separately;
1055	1055	(D) a listing of all property over which you have
1056	1056	exercised control that includes an adequate description of each
1057	1057	asset and the asset's current value, if known to you;
1058	1058	(E) the cash balance on hand and the name and
1059	1059	location of the depository at which the cash balance is kept;
1060	1060	(F) each known liability;
1061	1061	(G) any other information and facts known to you
1062	1062	as necessary for a full and definite understanding of the exact
1063	1063	condition of the property belonging to the principal; and
1064	1064	(H) all documentation regarding the principal's
1065	1065	property.
1066	1066	Termination of Agent's Authority
1067	1067	You must stop acting on behalf of the principal if you learn
1068	1068	of any event that terminates this power of attorney or your
1069	1069	authority under this power of attorney. An event that terminates
1070	1070	this power of attorney or your authority to act under this power of
1071	1071	attorney includes:
1072	1072	(1) the principal's death;
1073	1073	(2) the principal's revocation of this power of
1074	1074	attorney or your authority;
1075	1075	(3) the occurrence of a termination event stated in
1076	1076	this power of attorney;
1077	1077	(4) if you are married to the principal, the
1078	1078	dissolution of your marriage by a court decree of divorce or
1079	1079	annulment or declaration that your marriage is void, unless
1080	1080	otherwise provided in this power of attorney;
1081	1081	(5) the appointment and qualification of a permanent
1082	1082	guardian of the principal's estate; or
1083	1083	(6) if ordered by a court, the suspension of this power
1084	1084	of attorney on the appointment and qualification of a temporary
1085	1085	guardian until the date the term of the temporary guardian expires.
1086	1086	Liability of Agent
1087	1087	The authority granted to you under this power of attorney is
1088	1088	specified in the Durable Power of Attorney Act (Subtitle P, Title 2,
1089	1089	Estates Code). If you violate the Durable Power of Attorney Act or
1090	1090	act beyond the authority granted, you may be liable for any damages
1091	1091	caused by the violation or subject to prosecution for
1092	1092	misapplication of property by a fiduciary under Chapter 32 of the
1093	1093	Texas Penal Code.
1094	1094	THE [ATTORNEY IN FACT OR] AGENT, BY ACCEPTING OR ACTING UNDER
1095	1095	THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL
1096	1096	RESPONSIBILITIES OF AN AGENT.
1097	1097	SECTION 10. Subchapter B, Chapter 752, Estates Code, is
1098	1098	amended by adding Section 752.052 to read as follows:
1099	1099	Sec. 752.052. MODIFYING STATUTORY FORM TO GRANT SPECIFIC
1100	1100	AUTHORITY. The statutory durable power of attorney may be modified
1101	1101	to allow the principal to grant the agent the specific authority
1102	1102	described by Section 751.031(b) by including the following
1103	1103	language:
1104	1104	"GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
1105	1105	My agent MAY NOT do any of the following specific acts for me
1106	1106	UNLESS I have INITIALED the specific authority listed below:
1107	1107	(CAUTION: Granting any of the following will give your agent the
1108	1108	authority to take actions that could significantly reduce your
1109	1109	property or change how your property is distributed at your death.
1110	1110	INITIAL ONLY the specific authority you WANT to give your agent. If
1111	1111	you DO NOT want to grant your agent one or more of the following
1112	1112	powers, you may also CROSS OUT a power you DO NOT want to grant.)
1113	1113	____ Create, amend, revoke, or terminate an inter vivos
1114	1114	trust
1115	1115	____ Make a gift, subject to the limitations of Section
1116	1116	751.032 of the Durable Power of Attorney Act (Section 751.032,
1117	1117	Estates Code) and any special instructions in this power of
1118	1118	attorney
1119	1119	____ Create or change rights of survivorship
1120	1120	____ Create or change a beneficiary designation
1121	1121	____ Authorize another person to exercise the authority
1122	1122	granted under this power of attorney".
1123	1123	SECTION 11. Section 752.102, Estates Code, is amended to
1124	1124	read as follows:
1125	1125	Sec. 752.102. REAL PROPERTY TRANSACTIONS. (a) The
1126	1126	language conferring authority with respect to real property
1127	1127	transactions in a statutory durable power of attorney empowers the
1128	1128	[attorney in fact or] agent, without further reference to a
1129	1129	specific description of the real property, to:
1130	1130	(1) accept as a gift or as security for a loan or
1131	1131	reject, demand, buy, lease, receive, or otherwise acquire an
1132	1132	interest in real property or a right incident to real property;
1133	1133	(2) sell, exchange, convey with or without covenants,
1134	1134	quitclaim, release, surrender, mortgage, encumber, partition or
1135	1135	consent to partitioning, subdivide, apply for zoning, rezoning, or
1136	1136	other governmental permits, plat or consent to platting, develop,
1137	1137	grant options concerning, lease or sublet, or otherwise dispose of
1138	1138	an estate or interest in real property or a right incident to real
1139	1139	property;
1140	1140	(3) release, assign, satisfy, and enforce by
1141	1141	litigation, action, or otherwise a mortgage, deed of trust,
1142	1142	encumbrance, lien, or other claim to real property that exists or is
1143	1143	claimed to exist;
1144	1144	(4) perform any act of management or of conservation
1145	1145	with respect to an interest in real property, or a right incident to
1146	1146	real property, owned or claimed to be owned by the principal,
1147	1147	including the authority to:
1148	1148	(A) insure against a casualty, liability, or
1149	1149	loss;
1150	1150	(B) obtain or regain possession or protect the
1151	1151	interest or right by litigation, action, or otherwise;
1152	1152	(C) pay, compromise, or contest taxes or
1153	1153	assessments or apply for and receive refunds in connection with the
1154	1154	taxes or assessments;
1155	1155	(D) purchase supplies, hire assistance or labor,
1156	1156	or make repairs or alterations to the real property; and
1157	1157	(E) manage and supervise an interest in real
1158	1158	property, including the mineral estate[, by, for example:
1159	1159	[(i) entering into a lease for oil, gas, and
1160	1160	mineral purposes;
1161	1161	[(ii) making contracts for development of
1162	1162	the mineral estate; or
1163	1163	[(iii) making pooling and unitization
1164	1164	agreements];
1165	1165	(5) use, develop, alter, replace, remove, erect, or
1166	1166	install structures or other improvements on real property in which
1167	1167	the principal has or claims to have an estate, interest, or right;
1168	1168	(6) participate in a reorganization with respect to
1169	1169	real property or a legal entity that owns an interest in or right
1170	1170	incident to real property, receive and hold shares of stock or
1171	1171	obligations received in a plan or reorganization, and act with
1172	1172	respect to the shares or obligations, including:
1173	1173	(A) selling or otherwise disposing of the shares
1174	1174	or obligations;
1175	1175	(B) exercising or selling an option, conversion,
1176	1176	or similar right with respect to the shares or obligations; and
1177	1177	(C) voting the shares or obligations in person or
1178	1178	by proxy;
1179	1179	(7) change the form of title of an interest in or right
1180	1180	incident to real property; [and]
1181	1181	(8) dedicate easements or other real property in which
1182	1182	the principal has or claims to have an interest to public use, with
1183	1183	or without consideration;
1184	1184	(9) enter into mineral transactions, including:
1185	1185	(A) negotiating and making oil, gas, and other
1186	1186	mineral leases covering any land, mineral, or royalty interest in
1187	1187	which the principal has or claims to have an interest;
1188	1188	(B) pooling and unitizing all or part of the
1189	1189	principal's land, mineral leasehold, mineral, royalty, or other
1190	1190	interest with land, mineral leasehold, mineral, royalty, or other
1191	1191	interest of one or more persons for the purpose of developing and
1192	1192	producing oil, gas, or other minerals, and making leases or
1193	1193	assignments granting the right to pool and unitize;
1194	1194	(C) entering into contracts and agreements
1195	1195	concerning the installation and operation of plants or other
1196	1196	facilities for the cycling, repressuring, processing, or other
1197	1197	treating or handling of oil, gas, or other minerals;
1198	1198	(D) conducting or contracting for the conducting
1199	1199	of seismic evaluation operations;
1200	1200	(E) drilling or contracting for the drilling of
1201	1201	wells for oil, gas, or other minerals;
1202	1202	(F) contracting for and making "dry hole" and
1203	1203	"bottom hole" contributions of cash, leasehold interests, or other
1204	1204	interests toward the drilling of wells;
1205	1205	(G) using or contracting for the use of any
1206	1206	method of secondary or tertiary recovery of any mineral, including
1207	1207	the injection of water, gas, air, or other substances;
1208	1208	(H) purchasing oil, gas, or other mineral leases,
1209	1209	leasehold interests, or other interests for any type of
1210	1210	consideration, including farmout agreements requiring the drilling
1211	1211	or reworking of wells or participation in the drilling or reworking
1212	1212	of wells;
1213	1213	(I) entering into farmout agreements committing
1214	1214	the principal to assign oil, gas, or other mineral leases or
1215	1215	interests in consideration for the drilling of wells or other oil,
1216	1216	gas, or mineral operations;
1217	1217	(J) negotiating the transfer of and transferring
1218	1218	oil, gas, or other mineral leases or interests for any
1219	1219	consideration, such as retained overriding royalty interests of any
1220	1220	nature, drilling or reworking commitments, or production
1221	1221	interests;
1222	1222	(K) executing and entering into contracts,
1223	1223	conveyances, and other agreements or transfers considered
1224	1224	necessary or desirable to carry out the powers granted in this
1225	1225	section, including entering into and executing division orders,
1226	1226	oil, gas, or other mineral sales contracts, exploration agreements,
1227	1227	processing agreements, and other contracts relating to the
1228	1228	processing, handling, treating, transporting, and marketing of
1229	1229	oil, gas, or other mineral production from or accruing to the
1230	1230	principal and receiving and receipting for the proceeds of those
1231	1231	contracts, conveyances, and other agreements and transfers on
1232	1232	behalf of the principal; and
1233	1233	(L) taking an action described by Paragraph (K)
1234	1234	regardless of whether the action is, at the time the action is taken
1235	1235	or subsequently, recognized or considered as a common or proper
1236	1236	practice by those engaged in the business of prospecting for,
1237	1237	developing, producing, processing, transporting, or marketing
1238	1238	minerals; and
1239	1239	(10) designate the property that constitutes the
1240	1240	principal's homestead.
1241	1241	(b) The power to mortgage and encumber real property
1242	1242	provided by this section includes the power to execute documents
1243	1243	necessary to create a lien against the principal's homestead as
1244	1244	provided by Section 50, Article XVI, Texas Constitution, and to
1245	1245	consent to the creation of a lien against property owned by the
1246	1246	principal's spouse in which the principal has a homestead interest.
1247	1247	SECTION 12. Section 752.108(b), Estates Code, is amended to
1248	1248	read as follows:
1249	1249	(b) Unless the principal has granted the authority to create
1250	1250	or change a beneficiary designation expressly as required by
1251	1251	Section 751.031(b)(4), an [An attorney in fact or] agent may be
1252	1252	named a beneficiary of an insurance contract or an extension,
1253	1253	renewal, or substitute for the contract only to the extent the
1254	1254	[attorney in fact or] agent was named as a beneficiary [under a
1255	1255	contract procured] by the principal [before executing the power of
1256	1256	attorney].
1257	1257	SECTION 13. Sections 752.109 and 752.111, Estates Code, are
1258	1258	amended to read as follows:
1259	1259	Sec. 752.109. ESTATE, TRUST, AND OTHER BENEFICIARY
1260	1260	TRANSACTIONS. The language conferring authority with respect to
1261	1261	estate, trust, and other beneficiary transactions in a statutory
1262	1262	durable power of attorney empowers the [attorney in fact or] agent
1263	1263	to act for the principal in all matters that affect a trust, probate
1264	1264	estate, guardianship, conservatorship, life estate, escrow,
1265	1265	custodianship, or other fund from which the principal is, may
1266	1266	become, or claims to be entitled, as a beneficiary, to a share or
1267	1267	payment, including to:
1268	1268	(1) accept, reject, disclaim, receive, receipt for,
1269	1269	sell, assign, release, pledge, exchange, or consent to a reduction
1270	1270	in or modification of a share in or payment from the fund;
1271	1271	(2) demand or obtain by litigation, action, or
1272	1272	otherwise money or any other thing of value to which the principal
1273	1273	is, may become, or claims to be entitled because of the fund;
1274	1274	(3) initiate, participate in, or oppose a legal or
1275	1275	judicial proceeding to:
1276	1276	(A) ascertain the meaning, validity, or effect of
1277	1277	a deed, will, declaration of trust, or other instrument or
1278	1278	transaction affecting the interest of the principal; or
1279	1279	(B) remove, substitute, or surcharge a
1280	1280	fiduciary;
1281	1281	(4) conserve, invest, disburse, or use anything
1282	1282	received for an authorized purpose; and
1283	1283	(5) transfer all or part of the principal's interest in
1284	1284	real property, stocks, bonds, accounts with financial
1285	1285	institutions, insurance, and other property to the trustee of a
1286	1286	revocable trust created by the principal as settlor.
1287	1287	Sec. 752.111. PERSONAL AND FAMILY MAINTENANCE. The
1288	1288	language conferring authority with respect to personal and family
1289	1289	maintenance in a statutory durable power of attorney empowers the
1290	1290	[attorney in fact or] agent to:
1291	1291	(1) perform the acts necessary to maintain the
1292	1292	customary standard of living of the principal, the principal's
1293	1293	spouse and children, and other individuals customarily or legally
1294	1294	entitled to be supported by the principal, including:
1295	1295	(A) providing living quarters by purchase,
1296	1296	lease, or other contract; or
1297	1297	(B) paying the operating costs, including
1298	1298	interest, amortization payments, repairs, and taxes on premises
1299	1299	owned by the principal and occupied by those individuals;
1300	1300	(2) provide for the individuals described by
1301	1301	Subdivision (1):
1302	1302	(A) normal domestic help;
1303	1303	(B) usual vacations and travel expenses; and
1304	1304	(C) money for shelter, clothing, food,
1305	1305	appropriate education, and other living costs;
1306	1306	(3) pay necessary medical, dental, and surgical care,
1307	1307	hospitalization, and custodial care for the individuals described
1308	1308	by Subdivision (1);
1309	1309	(4) continue any provision made by the principal for
1310	1310	the individuals described by Subdivision (1) for automobiles or
1311	1311	other means of transportation, including registering, licensing,
1312	1312	insuring, and replacing the automobiles or other means of
1313	1313	transportation;
1314	1314	(5) maintain or open charge accounts for the
1315	1315	convenience of the individuals described by Subdivision (1) and
1316	1316	open new accounts the [attorney in fact or] agent considers
1317	1317	desirable to accomplish a lawful purpose; [and]
1318	1318	(6) continue:
1319	1319	(A) payments incidental to the membership or
1320	1320	affiliation of the principal in a church, club, society, order, or
1321	1321	other organization; or
1322	1322	(B) contributions to those organizations;
1323	1323	(7) perform all acts necessary in relation to the
1324	1324	principal's mail, including:
1325	1325	(A) receiving, signing for, opening, reading,
1326	1326	and responding to any mail addressed to the principal, whether
1327	1327	through the United States Postal Service or a private mail service;
1328	1328	(B) forwarding the principal's mail to any
1329	1329	address; and
1330	1330	(C) representing the principal before the United
1331	1331	States Postal Service in all matters relating to mail service; and
1332	1332	(8) subject to the needs of the individuals described
1333	1333	by Subdivision (1), provide for the reasonable care of the
1334	1334	principal's pets.
1335	1335	SECTION 14. Sections 752.113(b) and (c), Estates Code, are
1336	1336	amended to read as follows:
1337	1337	(b) The language conferring authority with respect to
1338	1338	retirement plan transactions in a statutory durable power of
1339	1339	attorney empowers the [attorney in fact or] agent to perform any
1340	1340	lawful act the principal may perform with respect to a transaction
1341	1341	relating to a retirement plan, including to:
1342	1342	(1) apply for service or disability retirement
1343	1343	benefits;
1344	1344	(2) select payment options under any retirement plan
1345	1345	in which the principal participates, including plans for
1346	1346	self-employed individuals;
1347	1347	(3) designate or change the designation of a
1348	1348	beneficiary or benefits payable by a retirement plan, except as
1349	1349	provided by Subsection (c);
1350	1350	(4) make voluntary contributions to retirement plans
1351	1351	if authorized by the plan;
1352	1352	(5) exercise the investment powers available under any
1353	1353	self-directed retirement plan;
1354	1354	(6) make rollovers of plan benefits into other
1355	1355	retirement plans;
1356	1356	(7) borrow from, sell assets to, and purchase assets
1357	1357	from retirement plans if authorized by the plan;
1358	1358	(8) waive the principal's right to be a beneficiary of
1359	1359	a joint or survivor annuity if the principal is not the participant
1360	1360	in the retirement plan [a spouse who is not employed];
1361	1361	(9) receive, endorse, and cash payments from a
1362	1362	retirement plan;
1363	1363	(10) waive the principal's right to receive all or a
1364	1364	portion of benefits payable by a retirement plan; and
1365	1365	(11) request and receive information relating to the
1366	1366	principal from retirement plan records.
1367	1367	(c) Unless the principal has granted the authority to create
1368	1368	or change a beneficiary designation expressly as required by
1369	1369	Section 751.031(b)(4), an [An attorney in fact or] agent may be
1370	1370	named a beneficiary under a retirement plan only to the extent the
1371	1371	[attorney in fact or] agent was a named a beneficiary by the
1372	1372	principal under the retirement plan or, in the case of a rollover or
1373	1373	trustee-to-trustee transfer, the predecessor retirement plan
1374	1374	[before the durable power of attorney was executed].
1375	1375	SECTION 15. The following sections of the Estates Code are
1376	1376	repealed:
1377	1377	(1) Section 751.004;
1378	1378	(2) Section 751.053;
1379	1379	(3) Section 751.054;
1380	1380	(4) Section 751.055;
1381	1381	(5) Section 751.056; and
1382	1382	(6) Section 751.058.
1383	1383	SECTION 16. (a) Except as otherwise provided by this Act,
1384	1384	this Act applies to:
1385	1385	(1) a durable power of attorney, including a statutory
1386	1386	durable power of attorney, created before, on, or after the
1387	1387	effective date of this Act; and
1388	1388	(2) a judicial proceeding concerning a durable power
1389	1389	of attorney pending on, or commenced on or after, the effective date
1390	1390	of this Act.
1391	1391	(b) The following provisions apply only to a durable power
1392	1392	of attorney, including a statutory durable power of attorney,
1393	1393	executed on or after the effective date of this Act:
1394	1394	(1) Section 751.024, Estates Code, as added by this
1395	1395	Act;
1396	1396	(2) Subchapter A-2, Chapter 751, Estates Code, as
1397	1397	added by this Act;
1398	1398	(3) Subchapters B, C, and D, Chapter 751, Estates
1399	1399	Code, as amended by this Act; and
1400	1400	(4) Chapter 752, Estates Code, as amended by this Act.
1401	1401	(c) A durable power of attorney, including a statutory
1402	1402	durable power of attorney, executed before the effective date of
1403	1403	this Act is governed by the provisions specified in Subsections
1404	1404	(b)(3) and (4) of this section as those provisions existed on the
1405	1405	date the durable power of attorney was executed, and the former law
1406	1406	is continued in effect for that purpose.
1407	1407	(d) If the court finds that application of a provision of
1408	1408	this Act would substantially interfere with the effective conduct
1409	1409	of a judicial proceeding concerning a durable power of attorney
1410	1410	commenced before the effective date of this Act or would prejudice
1411	1411	the rights of a party to the proceeding, the provision of this Act
1412	1412	does not apply and the former law continues in effect for that
1413	1413	purpose and applies in those circumstances.
1414	1414	(e) An act performed by a principal or agent with respect to
1415	1415	a durable power of attorney before the effective date of this Act is
1416	1416	not affected by this Act.
1417	1417	SECTION 17. This Act takes effect September 1, 2017.
1418	1418	* * * * *