Texas 2025 - 89th Regular

Texas House Bill HB3395 Compare Versions

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

Old	New	Differences
1	1	89R5255 KFF-D
2	2	By: VanDeaver H.B. No. 3395
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to authorizing a beneficiary designation that transfers a
10	10	manufactured home classified as personal property at the owner's
11	11	death.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle C, Title 2, Estates Code, is amended by
14	14	adding Chapter 116 to read as follows:
15	15	CHAPTER 116. BENEFICIARY DESIGNATION FOR CERTAIN MANUFACTURED
16	16	HOMES
17	17	Sec. 116.001. DEFINITIONS. In this chapter:
18	18	(1) "Beneficiary designation" means the designation
19	19	by an owner of a manufactured home of a beneficiary of the home as
20	20	provided by Section 1201.2135, Occupations Code.
21	21	(2) "Designated beneficiary" means a person
22	22	designated as a beneficiary of an owner's interest in a
23	23	manufactured home under Section 1201.2135, Occupations Code.
24	24	(3) "Joint owner with right of survivorship" or "joint
25	25	owner" means a person who owns a manufactured home concurrently
26	26	with one or more other persons with a right of survivorship. The
27	27	term does not include an owner of community property with or without
28	28	a right of survivorship.
29	29	(4) "Manufactured home" has the meaning assigned by
30	30	Section 1201.003, Occupations Code.
31	31	(5) "Person" has the meaning assigned by Section
32	32	311.005, Government Code.
33	33	Sec. 116.002. APPLICABILITY. This chapter applies only to
34	34	a manufactured home classified as personal property under Section
35	35	2.001, Property Code.
36	36	Sec. 116.003. BENEFICIARY DESIGNATION AUTHORIZED. (a) An
37	37	owner of a manufactured home may transfer the owner's interest in
38	38	the home to a sole beneficiary effective on the owner's death by
39	39	designating a beneficiary as provided by Section 1201.2135,
40	40	Occupations Code.
41	41	(b) A beneficiary designation is:
42	42	(1) subject to Section 116.004(b), revocable and may
43	43	be changed at any time without the consent of the designated
44	44	beneficiary as provided by Section 1201.2135, Occupations Code;
45	45	(2) a nontestamentary instrument; and
46	46	(3) effective without:
47	47	(A) notice or delivery to or acceptance by the
48	48	designated beneficiary during the owner's life; or
49	49	(B) consideration.
50	50	(c) A will may not revoke or supersede a beneficiary
51	51	designation, regardless of when the will is made.
52	52	(d) A designated beneficiary may disclaim the designated
53	53	beneficiary's interest in the manufactured home as provided by
54	54	Chapter 240, Property Code.
55	55	Sec. 116.004. JOINT OWNERSHIP. (a) If a manufactured home
56	56	that is the subject of a beneficiary designation is owned by joint
57	57	owners with right of survivorship, the beneficiary designation must
58	58	be made by all of the joint owners.
59	59	(b) A beneficiary designation made by joint owners with
60	60	right of survivorship:
61	61	(1) may be revoked or changed as provided by Section
62	62	1201.2135, Occupations Code, only if it is revoked or changed by all
63	63	of the joint owners; and
64	64	(2) may be revoked or changed by the last surviving
65	65	joint owner as provided by Section 1201.2135, Occupations Code.
66	66	Sec. 116.005. EFFECT OF BENEFICIARY DESIGNATION DURING
67	67	OWNER'S LIFE. During a manufactured home owner's life, a
68	68	beneficiary designation does not:
69	69	(1) affect an interest or right of the owner or owners
70	70	making the designation, including the right to transfer or
71	71	encumber the home that is the subject of the designation;
72	72	(2) create a legal or equitable interest in favor of
73	73	the designated beneficiary in the home that is the subject of the
74	74	designation, even if the beneficiary has actual or constructive
75	75	notice of the designation;
76	76	(3) affect an interest or right of a secured or
77	77	unsecured creditor or future creditor of the owner or owners making
78	78	the designation, even if the creditor has actual or constructive
79	79	notice of the designation; or
80	80	(4) affect an owner's or the designated beneficiary's
81	81	eligibility for any form of public assistance, subject to
82	82	applicable federal law.
83	83	Sec. 116.006. EFFECT OF BENEFICIARY DESIGNATION AT OWNER'S
84	84	OR LAST SURVIVING OWNER'S DEATH. (a) On the death of the owner of a
85	85	manufactured home that is the subject of a beneficiary designation,
86	86	the following rules apply to an interest in the home:
87	87	(1) if the designated beneficiary survives the owner
88	88	making the designation by 120 hours, the interest in the home is
89	89	transferred to the designated beneficiary; and
90	90	(2) if the designated beneficiary fails to survive the
91	91	owner making the designation by 120 hours, the share of the
92	92	designated beneficiary lapses, notwithstanding Section 111.052,
93	93	and is subject to and passes in accordance with Subchapter D,
94	94	Chapter 255, as if the beneficiary designation were a devise made in
95	95	a will.
96	96	(b) If an owner is a joint owner with right of survivorship
97	97	who is survived by one or more other joint owners, the manufactured
98	98	home that is the subject of the beneficiary designation belongs to
99	99	the surviving joint owner or owners. If an owner is a joint owner
100	100	with right of survivorship who is the last surviving joint owner,
101	101	the beneficiary designation is effective.
102	102	(c) A designated beneficiary takes the manufactured home
103	103	subject to all encumbrances, assignments, contracts, liens, and
104	104	other interests to which the home is subject at the owner's or last
105	105	surviving owner's death, as applicable. The transfer to the
106	106	designated beneficiary does not affect the ability of a lienholder
107	107	to pursue an existing means of debt collection permitted under the
108	108	laws of this state.
109	109	Sec. 116.007. CREDITOR CLAIMS; ALLOWANCES IN LIEU OF EXEMPT
110	110	PROPERTY AND FAMILY ALLOWANCES. Sections 114.104(b), (c), and (d)
111	111	and Section 114.106 apply to a transfer of an owner's interest in a
112	112	manufactured home by a beneficiary designation in the same manner
113	113	and to the same extent as a transfer of real property under a
114	114	transfer on death deed under Chapter 114.
115	115	SECTION 2. Section 122.001(1), Estates Code, is amended to
116	116	read as follows:
117	117	(1) "Beneficiary" includes a person who would have
118	118	been entitled, if the person had not made a disclaimer, to receive
119	119	property as a result of the death of another person:
120	120	(A) by inheritance;
121	121	(B) under a will;
122	122	(C) by an agreement between spouses for community
123	123	property with a right of survivorship;
124	124	(D) by a joint tenancy with a right of
125	125	survivorship;
126	126	(E) by a survivorship agreement, account, or
127	127	interest in which the interest of the decedent passes to a surviving
128	128	beneficiary;
129	129	(F) by an insurance, annuity, endowment,
130	130	employment, deferred compensation, or other contract or
131	131	arrangement;
132	132	(G) under a pension, profit sharing, thrift,
133	133	stock bonus, life insurance, survivor income, incentive, or other
134	134	plan or program providing retirement, welfare, or fringe benefits
135	135	with respect to an employee or a self-employed individual;
136	136	(H) by a transfer on death deed; [or]
137	137	(I) by a beneficiary designation, as defined by
138	138	Section 115.001, made for a motor vehicle; or
139	139	(J) by a beneficiary designation, as defined by
140	140	Section 116.001, made for a manufactured home.
141	141	SECTION 3. Subchapter E, Chapter 1201, Occupations Code, is
142	142	amended by adding Section 1201.2135 to read as follows:
143	143	Sec. 1201.2135. BENEFICIARY DESIGNATION. (a) The owner of
144	144	a manufactured home may designate a sole beneficiary to whom the
145	145	owner's interest in the home transfers on the owner's death as
146	146	provided by Chapter 116, Estates Code, by submitting an application
147	147	for the issuance of a new statement of ownership under Section
148	148	1201.206 with the designation. To be effective, the designation
149	149	must state that the transfer of an interest in the home to the
150	150	designated beneficiary is to occur at the transferor's death.
151	151	(b) The legal name of a beneficiary designated under this
152	152	section must be included on the statement of ownership.
153	153	(c) The department shall transfer ownership of a
154	154	manufactured home to a beneficiary designated under this section
155	155	for the home if the beneficiary submits:
156	156	(1) an application for the issuance of a statement of
157	157	ownership under Section 1201.206 not later than the 180th day after
158	158	the date of the owner's death or, if the home is owned by joint
159	159	owners, the last surviving owner's death, as applicable; and
160	160	(2) satisfactory proof of the death of the owner or
161	161	owners, as applicable.
162	162	(d) A beneficiary designation may be changed or revoked by
163	163	submitting a new application for the issuance of a statement of
164	164	ownership under Section 1201.206.
165	165	(e) A beneficiary designation or a change or revocation of a
166	166	beneficiary designation made on an application for the issuance of
167	167	a statement of ownership for a manufactured home that has not been
168	168	submitted to the department before the death of a home's owner or
169	169	owners who made, changed, or revoked the designation, as
170	170	applicable, is invalid.
171	171	(f) The department may adopt rules to administer this
172	172	section.
173	173	SECTION 4. This Act takes effect September 1, 2025.