Texas 2019 - 86th Regular

Texas Senate Bill SB1166 Compare Versions

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

Old	New	Differences
1	1	86R6407 MTB-F
2	2	By: Rodríguez S.B. No. 1166
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to obsolete references to the Texas Probate Code.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 71.012 and 71.022, Civil Practice and
10	10	Remedies Code, are amended to read as follows:
11	11	Sec. 71.012. QUALIFICATION OF FOREIGN PERSONAL
12	12	REPRESENTATIVE. If the executor or administrator of the estate of
13	13	a nonresident individual is the plaintiff in an action under this
14	14	subchapter, the foreign personal representative of the estate who
15	15	has complied with the requirements of Chapter 503, Estates [Section
16	16	95, Texas Probate] Code, for the probate of a foreign will is not
17	17	required to apply for ancillary letters testamentary under Section
18	18	501.006, Estates Code, to bring and prosecute the action.
19	19	Sec. 71.022. QUALIFICATION OF FOREIGN PERSONAL
20	20	REPRESENTATIVE. If the executor or administrator of the estate of
21	21	a nonresident individual is the plaintiff in an action under this
22	22	subchapter, the foreign personal representative of the estate who
23	23	has complied with the requirements of Chapter 503, Estates [Section
24	24	95, Texas Probate] Code, for the probate of a foreign will is not
25	25	required to apply for ancillary letters testamentary under Section
26	26	501.006, Estates Code, to bring and prosecute the action.
27	27	SECTION 2. Section 54.241(d), Education Code, is amended to
28	28	read as follows:
29	29	(d) A spouse or dependent child of a member of the Armed
30	30	Forces of the United States, who is not assigned to duty in Texas
31	31	but who has previously resided in Texas for a six-month period, is
32	32	entitled to pay the tuition fees and other fees or charges provided
33	33	for Texas residents for a term or semester at an institution of
34	34	higher education if the member:
35	35	(1) at least one year preceding the first day of the
36	36	term or semester executed a document with the applicable military
37	37	service that is in effect on the first day of the term or semester
38	38	and that:
39	39	(A) indicates that the member's permanent
40	40	residence address is in Texas; and
41	41	(B) designates Texas as the member's place of
42	42	legal residence for income tax purposes;
43	43	(2) has been registered to vote in Texas for the entire
44	44	year preceding the first day of the term or semester; and
45	45	(3) satisfies at least one of the following
46	46	requirements:
47	47	(A) for the entire year preceding the first day
48	48	of the term or semester has owned real property in Texas and in that
49	49	time has not been delinquent in the payment of any taxes on the
50	50	property;
51	51	(B) has had an automobile registered in Texas for
52	52	the entire year preceding the first day of the term or semester; or
53	53	(C) at least one year preceding the first day of
54	54	the term or semester executed a will that has not been revoked or
55	55	superseded indicating that the member is a resident of this state
56	56	and deposited the will with the county clerk of the county of the
57	57	member's residence under Subchapter A, Chapter 252, Estates
58	58	[Section 71, Texas Probate] Code.
59	59	SECTION 3. Section 358.060(a), Estates Code, is amended to
60	60	read as follows:
61	61	(a) An oil, gas, and mineral lease executed by a personal
62	62	representative [under the former Texas Probate Code or this code]
63	63	may be amended by an instrument that provides that a shut-in gas
64	64	well on the land covered by the lease or on land pooled with all or
65	65	part of the land covered by the lease continues the lease in effect
66	66	after the lease's five-year primary term.
67	67	SECTION 4. Section 358.201, Estates Code, is amended to
68	68	read as follows:
69	69	Sec. 358.201. AUTHORIZATION FOR EXECUTION OF AGREEMENTS.
70	70	As to any mineral lease or pooling or unitization agreement,
71	71	executed on behalf of an estate [before January 1, 1956, or on or
72	72	after that date under the provisions of the former Texas Probate
73	73	Code or this code,] or [executed] by a former owner of land,
74	74	minerals, or royalty affected by the lease or agreement, the
75	75	personal representative of the estate being administered may,
76	76	without further court order and without consideration, execute:
77	77	(1) division orders;
78	78	(2) transfer orders;
79	79	(3) instruments of correction;
80	80	(4) instruments designating depository banks for the
81	81	receipt of delay rentals or shut-in gas well royalty to accrue or
82	82	become payable under the terms of the lease; and
83	83	(5) similar instruments relating to the lease or
84	84	agreement and the property covered by the lease or agreement.
85	85	SECTION 5. Section 1160.060(a), Estates Code, is amended to
86	86	read as follows:
87	87	(a) An oil, gas, and mineral lease executed by a guardian of
88	88	an estate [under this chapter or former Chapter XIII, Texas Probate
89	89	Code,] may be amended by an instrument that provides that a shut-in
90	90	gas well on the land covered by the lease or on land pooled with all
91	91	or part of the land covered by the lease continues the lease in
92	92	effect after the lease's five-year primary term.
93	93	SECTION 6. Section 81.1011(a), Government Code, is amended
94	94	to read as follows:
95	95	(a) Notwithstanding Section 81.101(a), the "practice of
96	96	law" does not include technical advice, consultation, and document
97	97	completion assistance provided by an employee or volunteer of an
98	98	area agency on aging affiliated with the Health and Human Services
99	99	Commission [Texas Department on Aging] who meets the requirements
100	100	of Subsection (b) if that advice, consultation, and assistance
101	101	relates to:
102	102	(1) a medical power of attorney or other advance
103	103	directive under Chapter 166, Health and Safety Code; or
104	104	(2) a designation of guardian before need arises under
105	105	Section 1104.202, Estates [679, Texas Probate] Code.
106	106	SECTION 7. Section 313.004(b), Health and Safety Code, is
107	107	amended to read as follows:
108	108	(b) Any dispute as to the right of a party to act as a
109	109	surrogate decision-maker may be resolved only by a court of record
110	110	having jurisdiction of proceedings under Title 3, Estates [Chapter
111	111	V, Texas Probate] Code.
112	112	SECTION 8. Section 552.018(e), Health and Safety Code, is
113	113	amended to read as follows:
114	114	(e) For the purposes of this section, the following are not
115	115	considered to be trusts and are not entitled to the exemption
116	116	provided by this section:
117	117	(1) a guardianship administered [established under
118	118	the former Texas Probate Code or] under the Estates Code;
119	119	(2) a trust established under Chapter 142, Property
120	120	Code;
121	121	(3) a facility custodial account established under
122	122	Section 551.003;
123	123	(4) the provisions of a divorce decree or other court
124	124	order relating to child support obligations;
125	125	(5) an administration of a decedent's estate; or
126	126	(6) an arrangement in which funds are held in the
127	127	registry or by the clerk of a court.
128	128	SECTION 9. Section 593.081(f), Health and Safety Code, is
129	129	amended to read as follows:
130	130	(f) For the purposes of this section, the following are not
131	131	considered to be trusts and are not entitled to the exemption
132	132	provided by this section:
133	133	(1) a guardianship administered [established under
134	134	the former Texas Probate Code or] under the Estates Code;
135	135	(2) a trust established under Chapter 142, Property
136	136	Code;
137	137	(3) a facility custodial account established under
138	138	Section 551.003;
139	139	(4) the provisions of a divorce decree or other court
140	140	order relating to child support obligations;
141	141	(5) an administration of a decedent's estate; or
142	142	(6) an arrangement in which funds are held in the
143	143	registry or by the clerk of a court.
144	144	SECTION 10. Section 594.036(b), Health and Safety Code, is
145	145	amended to read as follows:
146	146	(b) Notice shall also be served on the parents if the
147	147	resident is a minor and on the guardian for the resident's person if
148	148	the resident has been declared to be incapacitated [as provided by
149	149	the former Texas Probate Code or the Estates Code] and a guardian
150	150	has been appointed in a proceeding under Title 3, Estates Code.
151	151	SECTION 11. Section 258.104(b), Occupations Code, is
152	152	amended to read as follows:
153	153	(b) Consent for the release of privileged information must
154	154	be in writing and be signed by:
155	155	(1) the patient;
156	156	(2) a parent or legal guardian of the patient, if the
157	157	patient is a minor;
158	158	(3) a legal guardian of the patient, if the patient has
159	159	been adjudicated incompetent to manage the patient's personal
160	160	affairs;
161	161	(4) an attorney ad litem appointed for the patient, as
162	162	authorized by:
163	163	(A) Chapter 107, Family Code;
164	164	(B) Subtitle B, Title 6, Health and Safety Code;
165	165	(C) Subtitle C, Title 7, Health and Safety Code;
166	166	(D) Subtitle D, Title 7, Health and Safety Code;
167	167	(E) Subtitle E, Title 7, Health and Safety Code;
168	168	(F) Chapter 1054, Estates [V, Texas Probate]
169	169	Code; or
170	170	(G) any other law; or
171	171	(5) a personal representative of the patient, if the
172	172	patient is deceased.
173	173	SECTION 12. Section 41.0021(e), Property Code, is amended
174	174	to read as follows:
175	175	(e) This section does not affect the rights of a surviving
176	176	spouse or surviving children under Section 52, Article XVI, Texas
177	177	Constitution, or Chapter 353, Estates [Part 3, Chapter VIII, Texas
178	178	Probate] Code.
179	179	SECTION 13. Section 112.034(a), Property Code, is amended
180	180	to read as follows:
181	181	(a) If a settlor transfers both the legal title and all
182	182	equitable interests in property to the same person or retains both
183	183	the legal title and all equitable interests in property in himself
184	184	as both the sole trustee and the sole beneficiary, a trust is not
185	185	created and the transferee holds the property as his own. This
186	186	subtitle does not invalidate a trust account validly created and in
187	187	effect under Chapter 113, Estates [XI, Texas Probate] Code.
188	188	SECTION 14. This Act takes effect September 1, 2019.