| 1 | 1 | | By: Thimesch, et al. (Senate Sponsor - Hughes) H.B. No. 3331 |
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| 2 | 2 | | (In the Senate - Received from the House April 24, 2023; |
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| 3 | 3 | | May 5, 2023, read first time and referred to Committee on |
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| 4 | 4 | | Jurisprudence; May 17, 2023, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 5, Nays 0; May 17, 2023, sent to printer.) |
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| 6 | 6 | | Click here to see the committee vote |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | COMMITTEE VOTE |
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| 10 | 10 | | YeaNayAbsentPNV |
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| 11 | 11 | | HughesX |
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| 12 | 12 | | JohnsonX |
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| 13 | 13 | | CreightonX |
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| 14 | 14 | | HinojosaX |
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| 15 | 15 | | MiddletonX |
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| 16 | 16 | | A BILL TO BE ENTITLED |
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| 17 | 17 | | AN ACT |
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| 18 | 18 | | relating to a convicted felon serving as executor of a decedent's |
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| 19 | 19 | | estate in certain circumstances. |
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| 20 | 20 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 21 | 21 | | SECTION 1. Section 304.003, Estates Code, is amended to |
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| 22 | 22 | | read as follows: |
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| 23 | 23 | | Sec. 304.003. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR |
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| 24 | 24 | | ADMINISTRATOR. (a) Except as provided by Subsection (b), a [A] |
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| 25 | 25 | | person is not qualified to serve as an executor or administrator if |
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| 26 | 26 | | the person is: |
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| 27 | 27 | | (1) incapacitated; |
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| 28 | 28 | | (2) a felon convicted under the laws of the United |
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| 29 | 29 | | States or of any state of the United States unless, in accordance |
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| 30 | 30 | | with law, the person has been pardoned or has had the person's civil |
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| 31 | 31 | | rights restored; |
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| 32 | 32 | | (3) a nonresident of this state who: |
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| 33 | 33 | | (A) is a natural person or corporation; and |
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| 34 | 34 | | (B) has not: |
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| 35 | 35 | | (i) appointed a resident agent to accept |
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| 36 | 36 | | service of process in all actions or proceedings with respect to the |
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| 37 | 37 | | estate; or |
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| 38 | 38 | | (ii) had that appointment filed with the |
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| 39 | 39 | | court; |
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| 40 | 40 | | (4) a corporation not authorized to act as a fiduciary |
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| 41 | 41 | | in this state; or |
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| 42 | 42 | | (5) a person whom the court finds unsuitable. |
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| 43 | 43 | | (b) A person described by Subsection (a)(2) is not |
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| 44 | 44 | | disqualified from serving as an executor of a decedent's estate |
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| 45 | 45 | | under Subsection (a)(2) if: |
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| 46 | 46 | | (1) the person is named as executor in the decedent's |
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| 47 | 47 | | will; |
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| 48 | 48 | | (2) the person is otherwise qualified to serve as an |
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| 49 | 49 | | executor; and |
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| 50 | 50 | | (3) the court approves the person serving as an |
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| 51 | 51 | | executor. |
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| 52 | 52 | | SECTION 2. The changes in law made by this Act to Section |
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| 53 | 53 | | 304.003, Estates Code, apply only to the estate of a decedent who |
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| 54 | 54 | | dies on or after the effective date of this Act. The estate of a |
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| 55 | 55 | | decedent who dies before the effective date of this Act is governed |
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| 56 | 56 | | by the law in effect on the date of the decedent's death, and the |
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| 57 | 57 | | former law is continued in effect for that purpose. |
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| 58 | 58 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 59 | 59 | | * * * * * |
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