| 1 | 1 | | 87R8887 EAS-D |
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| 2 | 2 | | By: Dutton H.B. No. 2923 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain persons who are disqualified from serving as |
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| 8 | 8 | | the personal representative of a decedent's estate. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 304.003, Estates Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 304.003. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR |
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| 13 | 13 | | ADMINISTRATOR. A person is not qualified to serve as an executor or |
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| 14 | 14 | | administrator if the person is: |
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| 15 | 15 | | (1) incapacitated; |
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| 16 | 16 | | (2) a felon convicted under the laws of the United |
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| 17 | 17 | | States or of any state of the United States unless, in accordance |
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| 18 | 18 | | with law, the person has been pardoned or has had the person's civil |
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| 19 | 19 | | rights restored; |
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| 20 | 20 | | (3) a nonresident of this state who: |
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| 21 | 21 | | (A) is a natural person or corporation; and |
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| 22 | 22 | | (B) has not: |
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| 23 | 23 | | (i) appointed a resident agent to accept |
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| 24 | 24 | | service of process in all actions or proceedings with respect to the |
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| 25 | 25 | | estate; or |
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| 26 | 26 | | (ii) had that appointment filed with the |
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| 27 | 27 | | court; |
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| 28 | 28 | | (4) a corporation not authorized to act as a fiduciary |
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| 29 | 29 | | in this state; [or] |
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| 30 | 30 | | (5) the spouse of the decedent and, at the time of the |
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| 31 | 31 | | decedent's death, was a party to: |
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| 32 | 32 | | (A) a suit for the dissolution of marriage under |
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| 33 | 33 | | Chapter 6, Family Code; |
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| 34 | 34 | | (B) a suit affecting the parent-child |
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| 35 | 35 | | relationship under Subtitle B, Title 5, Family Code, involving a |
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| 36 | 36 | | child of the spouse and the decedent; or |
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| 37 | 37 | | (C) a suit involving the Department of Family and |
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| 38 | 38 | | Protective Services under Subtitle E, Title 5, Family Code, |
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| 39 | 39 | | involving a child of the spouse and the decedent; or |
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| 40 | 40 | | (6) a person whom the court finds unsuitable. |
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| 41 | 41 | | SECTION 2. The changes in law made by this Act to Section |
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| 42 | 42 | | 304.003, Estates Code, apply only to an application for the grant of |
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| 43 | 43 | | letters testamentary or of administration of a decedent's estate |
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| 44 | 44 | | filed on or after the effective date of this Act. An application for |
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| 45 | 45 | | the grant of letters testamentary or of administration of a |
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| 46 | 46 | | decedent's estate filed before that date is governed by the law in |
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| 47 | 47 | | effect on the date the application was filed, and the former law is |
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| 48 | 48 | | continued in effect for that purpose. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2021. |
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