By: Thimesch, et al. (Senate Sponsor - Hughes) H.B. No. 3331
(In the Senate - Received from the House April 24, 2023;
May 5, 2023, read first time and referred to Committee on
Jurisprudence; May 17, 2023, reported favorably by the following
vote: Yeas 5, Nays 0; May 17, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
HughesX
JohnsonX
CreightonX
HinojosaX
MiddletonX
A BILL TO BE ENTITLED
AN ACT
relating to a convicted felon serving as executor of a decedent's
estate in certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 304.003, Estates Code, is amended to
read as follows:
Sec. 304.003. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR
ADMINISTRATOR. (a) Except as provided by Subsection (b), a [A]
person is not qualified to serve as an executor or administrator if
the person is:
(1) incapacitated;
(2) a felon convicted under the laws of the United
States or of any state of the United States unless, in accordance
with law, the person has been pardoned or has had the person's civil
rights restored;
(3) a nonresident of this state who:
(A) is a natural person or corporation; and
(B) has not:
(i) appointed a resident agent to accept
service of process in all actions or proceedings with respect to the
estate; or
(ii) had that appointment filed with the
court;
(4) a corporation not authorized to act as a fiduciary
in this state; or
(5) a person whom the court finds unsuitable.
(b) A person described by Subsection (a)(2) is not
disqualified from serving as an executor of a decedent's estate
under Subsection (a)(2) if:
(1) the person is named as executor in the decedent's
will;
(2) the person is otherwise qualified to serve as an
executor; and
(3) the court approves the person serving as an
executor.
SECTION 2. The changes in law made by this Act to Section
304.003, Estates Code, apply only to the estate of a decedent who
dies on or after the effective date of this Act. The estate of a
decedent who dies before the effective date of this Act is governed
by the law in effect on the date of the decedent's death, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.
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