2001 Legislation:
Master Bill Tracking Page
Use this page as the jumping off point to track probate- and
trust-related bills
in the 77th Legislature. If you don't want to wade through the other pages on
the
site to get here, then bookmark this page:
Look up TLO Bill Information (use if you have the bill number)
Search Bill Texas on TLO (use if you don't have bill number)
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| Bill | Description | Effective Date | Bill Text |
| HB 154 | Requires DHS to set the personal needs allowance for certain Medicaid recipients who are residents of long-term care facilities at a minimum of $60 (up from $30). | 09/01/01 | Text (Enrolled) |
| HB 482 | Adds family members and guardians to the list of persons who cannot be retaliated or discriminated against for reporting nursing home abuse and gives them a statutory basis for suing because of retaliation or discrimination. | 09/01/01 | Text (Enrolled) |
| HB 483 | Cleans of references to "lunatics," "non compos mentos," etc., and changes them to "incapacitated persons" in various statutes. | 05/23/01 | Text (Enrolled) |
| HB 534 | Gives a visiting statutory probate judge assigned under Govt. Code Sec. 25.0022 the power to make Section 5B and 608 transfers. | 09/01/01 | Text (Enrolled) |
| HB 535 | Makes an administrative change for recording the service of a visiting judge. | 09/01/01 | Text (Enrolled |
| HB 536 | Amends Sections 5 and 606 to make filing a probate case in a statutory probate court mandatory in counties with such courts. | 09/01/01 | Text (Enrolled) |
| HB 537 | Fixes a problem with a 1999 bill to permit a statutory probate court to transfer a case back to the court it came from if jurisdiction is lost, even if that court is in another county. | 09/01/01 | Text (Enrolled) |
| HB 538 | Permits a visiting statutory probate judge assigned under Section 25.0022 of the Government Code to hear ancillary matters in his or her home county, unless a party objects. | 09/01/01 | Text (Enrolled) |
| HB 539 | Provides for court approval of contracts for sports, entertainment and advertising entered into by minors and permits a portion of the earnings to be preserved for the child in an 867 trust. | 09/01/01 | Text (Enrolled) |
| HB 628 | Permits the court to appoint a noncorporate trustee of an 867 trust; permits a guardian ad litem to apply for creation of an 867 trust. | 09/01/01 | Text (Enrolled) |
| HB 689 | Cleans up jurisdictional loose ends for statutory probate courts, including specifying their jurisdiction over certain matters in the Health and Safety Code. There's a special effective date provision for Denton County. | 09/01/01 (except for Denton County) | Text (Enrolled |
| HB 898 | Increases the limit on sales of real or personal property by a minor without a guardianship (Probate Code Section 889) from $50,000 to $100,000. The House committee substitute also raises to $100,000 the limits in Sections 745(c), 887 and 890 so that the $100,000 limit is consistent. | 09/01/01 | Text (Enrolled) |
| HB 900 | Clarifies and expands the duties of the presiding statutory probate judge. | 09/01/01 | Text (Enrolled) |
| HB 920 | Relating to the adoption of the Uniform Parentage Act. | 06/14/01 | Text (Enrolled) |
| HB 952 | Relating to interstate guardianships. | 09/01/01 | Text (Enrolled) |
| HB 1037 | Allows the court to continue hearing any matter appertaining to a guardianship estate "that a court exercising original probate jurisdiction is specifically authorized to hear" under the guardianship code when the ward dies, turns 18 or regains capacity. | 09/01/01 | Text (Enrolled) |
| HB 1073 | Changes the requirement in Chapter 571 of the Health and Safety Code that probate courts be open "at all times" for proceedings under that chapter to requiring that they be open "during normal business hours." | 06/11/01 | Text (Enrolled) |
| HB 1083 | Adds Section 487A to the Probate Code, providing that a bankruptcy proceeding does not terminate the authority of the agent to act, but that the agent's powers are subject to the restrictions imposed by bankrupcy laws. | 09/01/01 | Text (Enrolled) |
| HB 1132 | State Bar REPTL Guardianship Bill: Permits suspension (not termination) of an agent's powers under a power of attorney during a temporary guardianship; permits surviving parent to designate guardian for child in the event of later incapacity; cleans up declaration of guardian for children requirements; permits inspection of estate planning documents for gift-giving purposes; provides accounting and removal procedure for community administrators. | 09/01/01 | Text (Enrolled) |
| HB 1233 | Amends Section 774(a) of the Probate Code to permit the guardian to buy a prepaid funeral contract if the court approves. | 09/01/01 | Text (Enrolled) |
| HB 1245 | A major fix to 1999's "community enhancements" bill: establishes the rules regarding what are now called "claims for economic contribution" in a marriage where one estate (usually the community) is used to enhance (usually by paying debt secured by) the other estate. | 09/01/01 | Text (Enrolled) |
| HB 1316 | Under Section 534.0175 of the Health and Safety Code, trust assets in excess of $50,000 must be considered a resource affecting eligibility of trust beneficiaries for certain state-supported mental health services. This bill would raise the $50,000 limit to $250,000, allowing the beneficiary to protect more assets. | Text (Enrolled) | |
| HB 1365 | Adds Tex. Fam. Code Sec. 154.013, providing that a child support obligation continues on the death of the party entitled to receive the child support payment, notwithstanding any provision of the Probate Code. | 09/01/01 | Text (Enrolled) |
| HB 1420 | Excludes from the definition of the practice of law assistance offered by employees or volunteers of area agencies on aging in preparing medical powers of attorney, directives to physicians and declarations of guardian. As originally filed, they could assist with durable property powers as well, but that was dropped from the bill. | 09/01/01 | Text (Enrolled) |
| HB 1813 | Amends Section 32.45(a)(1), Penal Code, to add an attorney-in-fact or agent under a durable power of attorney to the definition of "fiduciary" for purposes of the misapplication by fiduciary statute. As originally filed, the bill was much broader." | 09/01/01 | Text (Enrolled) |
| HB 1883 | Requires agent on power of attorney to account to principal. Earlier versions (1) required agent to post bond in some cases, (2) required recording powers of attorney and (3) changed form and required disclosure statement. | 09/01/01 | Text (Enrolled) |
| HB 2152 | Expands the list of persons to whom bequests can be made without violating Section 58b of the Probate Code (spouses, ancestors, descendants and persons within the third degree of consanguinity would be excepted.) | 06/11/01 | Text (Enrolled) |
| HB 2731 | Although the amendment is not entirely clear, it appears that this bill would require the appointment of an attorney ad litem for unknown heirs in every heirship proceeding (rather than leaving to the court's discretion whether or not to appoint an ad litem.) | 09/01/01 | Text (Enrolled) |
| HB 2814 | Makes the salary of all statutory probate judges equal to or greater than the salary of a district judge in that county (previously this requirement applied only to counties with populations of 700,000 or more); also changes a few statutory cross-references. | 09/01/01 | Text (Enrolled) |
| HB 2882 | Amends the jurisdictional statute for Travis County Probate Court No. 1 to give that court jurisdiction to hear actions arising under certain sections of the Health and Safety Code. | 09/01/01 | Text (Enrolled) |
| HB 3144 | Various guardianship changes: Sec. 633 -- spouse must be served only if whereabouts are known; Sec. 687 -- 4 days notice to proposed ward and ad litem before hearing on court-ordered examination; Sec. 784 -- 120-day bar for notice to creditors; Sec. 887, 889 and 890 -- $50,000 "nonguardianship" limit raised to $100,000. | 09/01/01 | Text (Enrolled) |
| SB 194 | Creates Collin County Probate Court No. 1, effective January 1, 2003. | 09/01/01 | Text (Enrolled) |
| SB 723 | State Bar REPTL Decedent's Estates Bill: Eliminates the social security number requirement on applications to probate will as muniment of title and cleans up Sections 177(b) and 313. | 09/01/01 | Text (Enrolled) |
| SB 869 | Amends Probate Code Section 633 to provide that the spouse must be served with citation in a guardianship only "if the whereabouts of the spouse are known or can be reasonably ascertained." | 09/01/01 | Text (Enrolled) |
| SB 941 | Would require a former or retired statutory probate judge who wishes to be assigned cases to certify that he or she is willing not appear, plead in or accept certain appointments from any court in the county of the judge's residence for two years (the Senate version would have applied to contiguous counties, too). | 09/01/01 | Text (Enrolled) |
| SB 1094 | Clarifies that the statutory probate court of Denton County may hear cases at such locations as the judge considers necessary or as otherwise provided by law. | 05/22/01 | Text (Enrolled) |
| SB 1407 | Increases "3% of the sale price" cap on the fee paid to a bonded livestock commission merchant who is hired by a personal representative to sell the decedent's livestock to 5% (originally the bill would have eliminated the limit completely). | 09/01/01 | Text (Enrolled) |
| SB 1417 | Requires guardian to get compensation approved at time accounting is filed; makes it harder to get more than "5% in/5% out" commission for a guardian; denies compensation for veterans' benefits, social security benefits and tax-motivated gifts. | 09/01/01 | Text (Enrolled) |
| SB 1640 | Adds "mutual fund account" to the list of permitted nontestamentary transfers in Probate Code Section 450. | 05/22/01 | Text (Enrolled) |
| Rule against perpetuities | SB 698 would extend the rule against perpetuities for trusts to 360 years. SJR 26 would remove the constitutional prohibition of perpetuities as it applies to trusts. (See also HB 1608 and HJR 9, although it appears that SB 698 and SJR 26 are the ones with the greatest chance of passing.) |
| Anti-Barcelo | HB 19 would impose disclosure duties and liability on attorneys for personal representatives. HB 1160 would stick attorneys drafting wills with a professional duty of care to the named beneficiaries. |
| Powers of attorney | HB 330 would require the principal to give notice to family members when signing a power of attorney. HB 1132 and SB 722 would suspend (not terminate) a power of attorney during a temporary guardianship, making it possible to resurrect it if the temporary guardianship is not made permanent. HB 1083 would clarify that the principal's bankruptcy doesn't terminate the agent's authority to act. HB 1883 would require agents to account to principals, although an earlier version would have substantially changed the statutory durable power of attorney form and power of attorney practice, making it harder to use powers of attorney in the future. |
| 867/142 Trusts | HB 628 would permit the court to appoint non-corporate trustees of 867 trusts in some cases. |
| Community enhancements | HB 1245 is a major fix to 1999's "community enhancements" bill (right of reimbursement on steroids). |
| Non-incapacitated spouse's management rights |
HB 1132 and SB 722 contain a major overhaul of Tex. Prob. Code Sec. 883 et seq. affecting the right of the non-incapacitated spouse to manage the community estate when his or her spouse is incapacitated. |
| Tortious interference with inheritance rights | HB 3467 would provided that filing a will contest is not tortious interference with inheritance rights. |
| Designations of guardians for children | HB 1132 and SB 722 would permit the surviving parent to designate a guardian for his or her minor or incapacitated child in the event of the parent's subsequent incapacity or death (not just death) and would clarify the effect of using the form in Probate Code Section 677A. HB 2971 and SB 1239 would adopt a new "standby guardianship" procedure for minor children. |
| Heirship proceedings | HB 2731 apparently would require an attorney ad litem in every proceeding to determine heirship. |
| Consent to psychatric treatment by guardian | HB 2322 and SB 1719 would permit a guardian in certain cases to admit a ward for "voluntary" in-patient psychiatric treatment. |
House Bills Being Tracked: HB 1 -- HB 1000
| Bill | Author | Description | Action | Date | Links |
|---|---|---|---|---|---|
| HJR 9 | Averitt, R-Waco | Removes the constitutional prohibition of perpetual trusts. (This constitutional amendment would require voter approval.) | Filed | 02/13/01 | Bill
History Text (House Committee) House Analysis Text (Introduced) Related Bill: SJR 26 Related Bill: HB 1608 Related Bill: SB 698 |
| Referred to Financial Institutions | 02/21/01 | ||||
| Testimony Taken, Left Pending | 03/05/01 | ||||
| Reported Favorably Without Amendment | 03/12/01 | ||||
| Sent to Calendars | 03/19/01 | ||||
| Considered in Calendars | 04/17/01 | ||||
| HB 19 | Corte, R-Bexar | Requires attorney for personal representative of estate to disclose breaches of fiduciary duties and misrepresentations to beneficiaries and court, permits suit against attorney who fails to do so, and prohibits personal representative from using estate funds to defend itself unless court finds it is likely to prevail. | Filed | 11/13/00 | Bill
History Text (Introduced) Commentary |
| Referred to Judicial Affairs | 01/22/01 | ||||
| Referred to Subcommittee (Hartnett, Garcia) | 02/26/01 | ||||
| HB 154 | Thompson, D- Harris | Requires DHS to set the personal needs allowance for certain Medicaid recipients who are residents of long-term care facilities at a minimum of $60 (up from $30). The bill as introduced raised it to a minimum of $75, but the House committee substitute settles for $60. | Filed | 11/13/00 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) Related Bill: HB 717 |
| Referred to Human Services | 01/25/01 | ||||
| Testimony Taken, Left Pending | 02/12/01 | ||||
| Reported Favorably as Substituted | 03/26/01 | ||||
| Sent to Calendars | 04/02/01 | ||||
| Passed by House | 05/08/01 | ||||
| Referred to Health and Human Services | 05/10/01 | ||||
| Posting Rule Suspended | 05/11/01 | ||||
| Reported Favorably Without Amendments | 05/11/01 | ||||
| Amended Twice on Senate Floor | 05/21/01 | ||||
| Passed by the Senate as Amended | 05/21/01 | ||||
| House Refuses to Concur in Senate Amendments, Conference Committee Appointed | 05/23/01 | ||||
| House and Senate Adopt Conference Committee Report | 05/2701 | ||||
| Sent to the Governor | 05/28/01 | ||||
| Signed by the Governor | 06/15/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 327 | Bosse, D-Houston | Relating to adoption of the Business Organizations Code. | Filed | 12/05/01 | Bill
History Text (House Committee) House Analysis Text (Introduced) Related Bill: SB 967 |
| Referred to Business and Industry | 01/29/01 | ||||
| Testimony Taken, Left Pending | 03/20/01 | ||||
| Reported Favorably as Amended | 04/24/01 | ||||
| Sent to Calendars | 05/02/01 | ||||
| HB 330 | Berman, R-Tyler | Requires person executing durable power of attorney to give notice to everyone within the second degree of consanguinity, gives those persons an opportunity to sue to show lack of capacity, and permits court to revoke power of attorney in cases of fraud duress or breach of fiduciary duty. | Filed | 12/06/00 | Bill
History Text (Introduced) Commentary |
| Referred to Judicial Affairs | 01/29/01 | ||||
| Referred to Subcommittee (Hartnett, Garcia) | 02/12/01 | ||||
| HB 482 | Naishtat, D-Austin | Adds family members and guardians to the list of persons who cannot be retaliated or discriminated against for reporting nursing home abuse and gives them a statutory basis for suing because of retaliation or discrimination. | Filed | 01/05/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Human Services | 01/31/01 | ||||
| Committee Substitute Considered, Testimony Taken, Left Pending | 02/12/01 | ||||
| Reported Favorably As Substituted, Recommended for Local and Consent Calendars | 02/19/01 | ||||
| Placed on Local, Consent and Res. Calendar, Then Withdrawn | 03/29/01 | ||||
| Transferred to Calendars | 04/04/01 | ||||
| Passed by House | 04/18/01 | ||||
| Referred to Health and Human Services | 04/20/01 | ||||
| Testimony Taken | 04/30/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendar | 05/01/01 | ||||
| Passed by Senate | 05/07/01 | ||||
| Sent to the Governor | 05/09/01 | ||||
| Signed by the Governor | 05/21/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 483 | Naishtat, D-Austin | Cleans of references to "lunatics," "non compos mentos," etc., and changes them to "incapacitated persons" in various statutes. | Filed | 01/05/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Human Services | 01/31/01 | ||||
| Reported Favorably Without Amendment, Recommended for Local and Consent Calendars | 02/12/01 | ||||
| Passed by House | 03/29/01 | ||||
| Referred to Jurisprudence | 04/03/01 | ||||
| Testimony Taken | 04/30/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendar | 05/01/01 | ||||
| Passed by Senate | 05/10/01 | ||||
| Sent to the Governor | 05/11/01 | ||||
| Signed by the Governor | 05/23/01 | ||||
| Effective Date | 05/23/01 | ||||
| HB 534 | Thompson, D- Harris | Gives a visiting statutory probate judge assigned under Govt. Code Sec. 25.0022 the power to make Section 5B and 608 transfers. | Filed | 01/09/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) Commentary |
| Referred to Judicial Affairs | 01/31/01 | ||||
| Referred to Subcommittee (Capelo, Deshotel) | 02/12/01 | ||||
| Recalled from Subcommittee, Testimony Taken, Reported Favorably Without Amendment, Recommended for Local and Consent Calendars | 04/02/01 | ||||
| Passed by the House | 04/20/01 | ||||
| Referred to Jurisprudence | 04/24/01 | ||||
| Testimony Taken | 05/09/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendar | 05/10/01 | ||||
| Passed by the Senate | 05/17/01 | ||||
| Sent to the Governor | 05/18/01 | ||||
| Signed by the Governor | 06/11/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 535 | Thompson, D- Harris | Makes an administrative change for recording the service of a visiting judge. | Filed | 01/09/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) Commentary |
| Referred to Judicial Affairs | 01/31/01 | ||||
| Referred to Subcommittee (Capelo, Deshotel) | 02/12/01 | ||||
| Recalled from Subcommittee, Testimony Taken, Reported Favorably Without Amendment, Recommended for Local and Consent Calendars | 04/02/01 | ||||
| Passed by House | 04/20/01 | ||||
| Referred to Jurisprudence | 04/24/01 | ||||
| Testimony Taken | 05/09/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendar | 05/10/01 | ||||
| Passed by the Senate | 05/17/01 | ||||
| Sent to the Governor | 05/21/01 | ||||
| Signed by the Governor | 06/11/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 536 | Thompson, D- Harris | Amends Sections 5 and 606 to make filing a probate case in a statutory probate court mandatory in counties with such courts. | Filed | 01/09/01 | Bill
History Text (Enrolled) Text (Senate Committee) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) Commentary |
| Referred to Judicial Affairs | 01/31/01 | ||||
| Reported Favorably Without Amendment, Recommended for Local and Consent Calendars | 02/12/01 | ||||
| Passed by House | 03/29/01 | ||||
| Referred to Jurisprudence | 04/03/01 | ||||
| Testimony Taken | 04/17/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendar | 04/18/01 | ||||
| Passed by Senate | 05/01/01 | ||||
| Sent to the Governor | 05/02/01 | ||||
| Signed by Governor | 05/14/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 537 | Thompson, D- Harris | Fixes a problem with a 1999 bill to permit a statutory probate court to transfer a case back to the court it came from if jurisdiction is lost, even if that court is in another county. | Filed | 01/09/01 | Bill
History Text (Enrolled) Text (Senate Committee) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) Commentary |
| Referred to Judicial Affairs | 01/31/01 | ||||
| Reported Favorably Without Amendment, Recommended for Local and Consent Calendars | 02/12/01 | ||||
| Passed by House | 03/29/01 | ||||
| Referred to Jurisprudence | 04/03/01 | ||||
| Testimony Taken | 04/17/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendar | 04/18/01 | ||||
| Passed by Senate | 05/01/01 | ||||
| Sent to Governor | 05/02/01 | ||||
| Signed by Governor | 05/14/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 538 | Thompson, D- Harris | Permits a visiting statutory probate judge assigned under Section 25.0022 of the Government Code to hear ancillary matters in his or her home county, unless a party objects. | Filed | 01/09/01 | Bill
History Text (Enrolled) Text (Senate Committee) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) Commentary |
| Referred to Judicial Affairs | 01/31/01 | ||||
| Reported Favorably Without Amendment, Recommended for Local and Consent Calendars | 02/12/01 | ||||
| Passed by House | 03/29/01 | ||||
| Referred to Jurisprudence | 04/03/01 | ||||
| Testimony Taken | 04/17/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendar | 04/18/01 | ||||
| Passed by Senate | 05/01/01 | ||||
| Sent to Governor | 05/02/01 | ||||
| Signed by Governor | 05/14/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 539 | Thompson, D- Harris | Provides for court approval of contracts for sports, entertainment and advertising entered into by minors and permits a portion of the earnings to be preserved for the child in an 867 trust. | Filed | 01/09/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) Commentary |
| Referred to Judicial Affairs | 01/31/01 | ||||
| Testimony Taken in Public Hearing; Referred to Subcommittee (Hartnett, Garcia) | 02/12/01 | ||||
| Recalled from Subcommittee, Reported Favorably as Substituted | 03/26/01 | ||||
| Sent to Calendars | 04/02/01 | ||||
| Passed by the House | 05/04/01 | ||||
| Referred to Jurisprudence | 05/10/01 | ||||
| Posting Rule Suspended | 05/11/01 | ||||
| Testimony Taken, Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendar | 05/11/01 | ||||
| Passed by the Senate | 05/22/01 | ||||
| Sent to the Governor | 05/24/01 | ||||
| Signed by the Governor | 06/14/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 628 | Naishtat, D-Austin | Permits the court to appoint a noncorporate trustee of an 867 trust; permits a guardian ad litem to apply for creation of an 867 trust. | Filed | 01/12/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) Commentary |
| Referred to Judicial Affairs | 02/01/01 | ||||
| Referred to Subcommittee (Hartnett, Garcia) | 02/12/01 | ||||
| Recalled from Subcommittee, Testimony Taken, Reported Favorably as Substituted, Recommended for Local and Consent Calendars | 03/12/01 | ||||
| Considered in Local and Consent Calendars | 04/17/01 | ||||
| Passed by the House | 04/27/01 | ||||
| Referred to Jurisprudence | 05/01/01 | ||||
| Considered in Public Hearing | 05/09/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendar | 05/10/01 | ||||
| Passed by the Senate | 05/22/01 | ||||
| Sent to the Governor | 05/24/01 | ||||
| Signed by the Governor | 06/15/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 689 | Thompson, D- Harris | Cleans up jurisdictional loose ends for statutory probate courts, including specifying their jurisdiction over certain matters in the Health and Safety Code. There's a special effective date provision for Denton County. | Filed | 01/17/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) Related Bill: SB 1628 |
| Referred to Judicial Affairs | 02/01/01 | ||||
| Testimony Taken, Left Pending | 02/12/01 | ||||
| Referred to Subcommittee (Hartnett, Garcia) | 02/26/01 | ||||
| Recalled from Subcommittee, Reported Favorably as Substituted, Recommended for Local and Consent Calendars | 03/19/01 | ||||
| Passed by House | 04/05/01 | ||||
| Referred to Jurisprudence | 04/09/01 | ||||
| Considered in Public Hearing. | 05/07/01 | ||||
| Reported Favorably Without Amendments | 05/08/01 | ||||
| Amended on Senate Floor | 05/15/01 | ||||
| Passed by Senate as Amended | 05/16/01 | ||||
| House Concurs in Senate Amendments | 05/18/01 | ||||
| Sent to the Governor | 05/24/01 | ||||
| Signed by the Governor | 06/13/01 | ||||
| Effective Date* | 09/01/01 | ||||
| HB 717 | Chavez, D-El Paso | Requires DHS to set the personal needs allowance for Medicaid recipients in long-term care facilities at a minimum of $45 per month (up from $30). | Filed | 01/17/01 | Bill
History Text (Introduced) Related Bill: HB 154 |
| Referred to Human Services | 02/01/01 | ||||
| HB 763 | McCall, R-Plano | Creates Collin County Probate Court No. 1, effective January 1, 2003 | Filed | 01/19/01 | Bill
History Text (Introduced) Commentary Related Bill: SB 194 |
| Referred to Judicial Affairs | 02/05/01 | ||||
| HB 841 | Hinojosa, D-McAllen | Requires district and county clerks to accept filings of documents by facsimile transmission. Each clerk would have to apply to approval of his or her system by December 31, 2001. | Filed | 01/23/01 | Bill
History Text (Introduced) |
| Referred to Judicial Affairs | 02/05/01 | ||||
| Testimony Taken, Left Pending | 04/02/01 | ||||
| HB 847 | Goodman, R-Arlington | Permits court to clarify the role of guardians ad litem and attorneys ad litem in suits affecting parent-child relationships -- are they advocates, do they represent the child's best interests, and are they permitted to cross-examine witnesses? | Filed | 01/23/01 | Bill
History Text (House Committee) House Analysis Text (Introduced) |
| Referred to Juvenile Justice and Family Issues | 02/05/01 | ||||
| Committee Substitute Considered, Testimony Taken, Left Pending | 04/10/01 | ||||
| Reported Favorably as Substituted, Recommended for Local and Consent Calendars | 04/20/01 | ||||
| HB 898 | Thompson, D- Harris | Increases the limit on sales of real or personal property by a minor without a guardianship (Probate Code Section 889) from $50,000 to $100,000. The House committee substitute also raises to $100,000 the limits in Sections 745(c), 887 and 890 so that the $100,000 limit is consistent. | Filed | 01/23/01 | Bill
History Text (Enrolled) Text (Senate Committee) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Judicial Affairs | 02/05/01 | ||||
| Referred to Subcommittee (Hartnett, Garcia) | 02/12/01 | ||||
| Recalled from Subcommittee, Testimony Taken, Reported Favorably as Substituted | 03/19/01 | ||||
| Passed by House | 04/05/01 | ||||
| Referred to Jurisprudence | 04/09/01 | ||||
| Testimony Taken | 04/23/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendar | 04/24/01 | ||||
| Passed by Senate | 05/03/01 | ||||
| Sent to the Governor | 05/04/01 | ||||
| Signed by Governor | 05/16/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 900 | Thompson, D- Harris | Clarifies and expands the duties of the presiding statutory probate judge. | Filed | 01/23/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) Related Bill: HB 534 Related Bill: HB 538 |
| Referred to Judicial Affairs | 02/05/01 | ||||
| Testimony Taken, Left Pending | 02/26/01 | ||||
| Reported Favorably Without Amendments | 03/26/01 | ||||
| Sent to Calendars | 03/29/01 | ||||
| Considered in Calendars | 04/17/01 | ||||
| Passed by House | 05/11/01 | ||||
| Referred to Jurisprudence | 05/11/01 | ||||
| Posting Rule Suspended | 05/11/01 | ||||
| Testimony Taken, Reported Favorably Without Amendments | 05/11/01 | ||||
| Amended on Floor | 05/17/01 | ||||
| Passed by Senate as Amended | 05/18/01 | ||||
| House Refuses to Concur in Senate Amendments, Conference Committee Appointed | 05/23/01 | ||||
| House Concurs in Senate Amendments | 05/27/01 | ||||
| Sent to the Governor | 05/28/01 | ||||
| Signed by the Governor | 06/14/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 920 | Goodman, R-Arlington | Relating to the adoption of the Uniform Parentage Act. | Filed | 01/24/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Juvenile Justice and Family Issues | 02/05/01 | ||||
| Committee Substitute Considered, Testimony Taken, Left Pending | 02/27/01 | ||||
| Reported Favorably as Substituted | 03/06/01 | ||||
| Sent to Calendars | 03/19/01 | ||||
| Considered in Calendars | 03/22/01 | ||||
| Passed by House | 05/11/01 | ||||
| Referred to Jurisprudence | 05/11/01 | ||||
| Posting Rule Suspended | 05/11/01 | ||||
| Testimony Taken, Reported Favorably Without Amendments | 05/11/01 | ||||
| Amended Twice on Senate Floor | 05/22/01 | ||||
| Passed by Senate as Amended | 05/22/01 | ||||
| House Concurs in Senate Amendments | 05/25/01 | ||||
| Sent to the Governor | 05/27/01 | ||||
| Signed by the Governor | 06/14/01 | ||||
| Effective Date | 06/14/01 | ||||
| HB 923 | Hartnett, R-Irving | Expands the laundry list of things district courts (and statutory probate courts) have jurisdiction over with respect to trusts (Tex. Trust Code Sec. 115.001) to include determining the validity of a trust instrument, modify or terminate a trust, discharge a trustee, and adjudicate claims by or against a trustee. | Filed | 01/24/01 | Bill
History Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Judicial Affairs | 02/05/01 | ||||
| Referred to Subcommittee (Hartnett, Garcia) | 02/12/01 | ||||
| Recalled from Subcommittee, Reported Favorably as Substituted, Recommended for Local and Consent Calendars | 03/12/01 | ||||
| Passed by House | 04/05/01 | ||||
| Referred to Jurisprudence | 04/09/01 | ||||
| HB 947 | Turner, Sylvester, D-Houston | Relating to the survival of a wrongful death suit on the death of the plaintiff (child is allowed to continue wrongful death action upon the death of the surviving spouse/plaintiff). | Filed | 01/24/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Civil Practices | 02/06/01 | ||||
| Testimony Taken, Left Pending | 02/21/01 | ||||
| Reported Favorably as Substituted | 03/07/01 | ||||
| Sent to Calendars | 03/27/01 | ||||
| Placed on General State Calendar for... | 04/17/01 | ||||
| Passed by House | 04/18/01 | ||||
| Referred to Jurisprudence | 04/20/01 | ||||
| Considered in Public Hearing | 05/09/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendar | 05/10/01 | ||||
| Passed by the Senate | 05/17/01 | ||||
| Sent to the Governor | 05/18/01 | ||||
| Vetoed by the Governor | 06/17/01 | ||||
| HB 952 | Naishtat, D-Austin | Relating to interstate guardianships. | Filed | 01/24/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Judicial Affairs | 02/06/01 | ||||
| Referred to Subcommittee (Hartnett, Garcia) | 02/12/01 | ||||
| Recalled from Subcommittee, Testimony Taken, Reported Favorably Without Amendment, Recommended for Local and Consent Calendars | 04/02/01 | ||||
| Passed by House | 04/20/01 | ||||
| Referred to Jurisprudence | 04/24/01 | ||||
| Testimony Taken | 05/07/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendar | 05/08/01 | ||||
| Passed by the Senate | 05/17/01 | ||||
| Sent to the Governor | 05/18/01 | ||||
| Signed by the Governor | 06/11/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 964 | Dunnam, D-Waco | Relating to the release of certain confidential information of a patient by the patient's physician. | Filed | 01/24/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Public Health | 02/06/01 | ||||
| Reported Favorably Without Amendment, Recommended for Local and Consent Calendars | 04/25/01 | ||||
| Passed by the House | 05/08/01 | ||||
| Referred to Business and Commerce | 05/10/01 | ||||
| Posting Rule Suspended | 05/11/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendar | 05/11/01 | ||||
| Passed by the Senate | 05/22/01 | ||||
| Sent to the Governor | 05/24/01 | ||||
| Vetoed by the Governor | 06/17/01 |
House Bills Being Tracked: HB 1001 -- HB 2000
| Bill | Author | Description | Action | Date | Links |
|---|---|---|---|---|---|
| HB 1037 | Thompson, D- Harris | Allows the court to continue hearing any matter appertaining to a guardianship estate "that a court exercising original probate jurisdiction is specifically authorized to hear" under the guardianship code when the ward dies, turns 18 or regains capacity. | Filed | 01/29/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Judicial Affairs | 02/06/01 | ||||
| Referred to Subcommittee (Hartnett, Garcia) | 02/12/01 | ||||
| Recalled from Subcommittee, Testimony Taken, Reported Favorably as Substituted | 03/12/01 | ||||
| Passed by House | 03/29/01 | ||||
| Referred to Jurisprudence | 04/03/01 | ||||
| Testimony Taken, Left Pending | 05/07/01 | ||||
| Considered in Public Hearing | 05/09/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendar | 05/10/01 | ||||
| Passed by the Senate | 05/17/01 | ||||
| Sent to the Governor | 05/21/01 | ||||
| Signed by the Governor | 06/11/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 1073 | Farabee, D- Wichita Falls | Changes the requirement in Chapter 571 of the Health and Safety Code that probate courts be open "at all times" for proceedings under that chapter to requiring that they be open "during normal business hours." | Filed | 01/30/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Judicial Affairs | 02/07/01 | ||||
| Testimony Taken, Left Pending. | 03/12/01 | ||||
| Reported Favorably as Substituted, Recommended for Local and Consent Calendars | 04/02/01 | ||||
| Passed by House | 04/20/01 | ||||
| Referred to Jurisprudence | 04/24/01 | ||||
| Testimony Taken | 05/09/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendar | 05/10/01 | ||||
| Passed by the Senate | 05/17/01 | ||||
| Sent to the Governor | 05/21/01 | ||||
| Signed by the Governor | 06/11/01 | ||||
| Effective Date | 06/11/01 | ||||
| HB 1083 | Thompson, D- Harris | Adds Section 487A to the Probate Code, providing that a bankruptcy proceeding does not terminate the authority of the agent to act, but that the agent's powers are subject to the restrictions imposed by bankrupcy laws. | Filed | 01/30/01 | Bill
History Text (Enrolled) Text (Senate Committee) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Judicial Affairs | 02/07/01 | ||||
| Reported Favorably Without Amendment, Recommended for Local and Consent Calendars | 03/05/01 | ||||
| Passed by House | 03/29/01 | ||||
| Referred to Jurisprudence | 04/03/01 | ||||
| Testimony Taken | 04/17/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendar | 04/18/01 | ||||
| Passed by Senate | 05/01/01 | ||||
| Sent to Governor | 05/02/01 | ||||
| Signed by Governor | 05/14/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 1131 | Thompson, D- Harris | State Bar REPTL Decedent's Estates Bill: Eliminates the social security number requirement on applications to probate will as muniment of title and cleans up Sections 177(b) and 313. | Filed | 01/31/01 | Bill
History Text (House Committee) House Analysis Text (Introduced) Related Bill: SB 723 |
| Referred to Judicial Affairs | 02/07/01 | ||||
| Reported Favorably Without Amendment, Recommended for Local and Consent Calendars | 03/05/01 | ||||
| Laid on the Table Subject to Call, Companion (SB 723) Considered in Lieu Of | 03/29/01 | ||||
| HB 1132 | Thompson, D- Harris | State Bar REPTL Guardianship Bill: Permits suspension (not termination) of an agent's powers under a power of attorney during a temporary guardianship; permits surviving parent to designate guardian for child in the event of later incapacity; cleans up declaration of guardian for children requirements; permits inspection of estate planning documents for gift-giving purposes; provides accounting and removal procedure for community administrators. | Filed | 01/31/01 | Bill
History Text (Enrolled) Text (Senate Committee) Senate Analysis Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) Related Bill: SB 722 |
| Referred to Judicial Affairs | 02/07/01 | ||||
| Reported Favorably as Amended | 03/05/01 | ||||
| Sent to Calendars | 03/14/01 | ||||
| Amended on House Floor (Twice) | 03/22/01 | ||||
| Passed by House | 03/22/01 | ||||
| Referred to Jurisprudence | 03/27/01 | ||||
| Testimony Taken | 04/23/01 | ||||
| Reported Favorably as Substituted, Recommended for Local and Uncontested Calendar | 04/24/01 | ||||
| Passed by Senate as Amended | 05/03/01 | ||||
| House Concurs With Senate Amendments | 05/09/01 | ||||
| Sent to Governor | 05/10/01 | ||||
| Signed by Governor | 05/22/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 1160 | Eiland, D-Galveston | Legislatively overrides Barcelo v. Elliott: An attorney representing a testator owes "a professional duty of care" to the testator and to each person named or designated as a beneficiary, legatee or devisee in the testator's will. | Filed | 02/01/01 | Bill
History Text (Introduced) |
| Referred to Judicial Affairs | 02/07/01 | ||||
| Referred to Subcommittee (Hartnett, Garcia) | 02/12/01 | ||||
| HB 1233 | Naishtat, D-Austin | Amends Section 774(a) of the Probate Code to permit the guardian to buy a prepaid funeral contract if the court approves. | Filed | 02/02/01 | Bill
History Text (Enrolled) Text (Senate Committee) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Judicial Affairs | 02/08/01 | ||||
| Referred to Subcommittee (Hartnett, Garcia) | 02/12/01 | ||||
| Recalled from Subcommittee, Testimony Taken, Reported Favorably Without Amendment, Recommended for Local and Consent Calendars | 03/19/01 | ||||
| Passed by House | 03/29/01 | ||||
| Referred to Jurisprudence | 04/03/01 | ||||
| Testimony Taken | 04/30/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendar | 05/01/01 | ||||
| Passed by Senate | 05/10/01 | ||||
| Sent to the Governor | 05/14/01 | ||||
| Signed by Governor | 05/23/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 1245 | Goodman, R-Arlington | A major fix to 1999's "community enhancements" bill: establishes the rules regarding what are now called "claims for economic contribution" in a marriage where one estate (usually the community) is used to enhance (usually by paying debt secured by) the other estate. | Filed | 02/05/01 | Bill
History Text (Enrolled) Text (Senate Committee) Senate Analysis Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Juvenile Justice and Family Issues | 02/08/01 | ||||
| Reported Favorably Without Amendments | 02/20/01 | ||||
| Sent to Calendars | 02/26/01 | ||||
| Amended on House Floor | 04/02/01 | ||||
| Passed by House | 04/03/01 | ||||
| Referred to Jurisprudence | 04/09/01 | ||||
| Testimony Taken | 04/30/01 | ||||
| Reported Favorably as Amended | 05/01/01 | ||||
| Passed by Senate as Amended | 05/03/01 | ||||
| House Concurs in Senate Amendments | 05/10/01 | ||||
| House Adopts HCR 284 (Resolution for Technical Correction) | 05/16/01 | ||||
| Senate Adopts HCR 284 (Resolution for Technical Correction) | 05/18/01 | ||||
| House Adopts HCR 284 (Resolution for Technical Correction) | 05/22/01 | ||||
| Sent to Governor | 05/23/01 | ||||
| Signed by the Governor | 06/14/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 1246 | Goodman, R-Arlington | Relating to the adoption of the Uniform Parentage Act regarding gestational agreements. | Filed | 02/05/01 | Bill
History Text (Introduced) |
| Referred to Juvenile Justice and Family Issues | 02/08/01 | ||||
| Testimony Taken, Left Pending | 02/27/01 | ||||
| Amendments Considered, Left Pending | 03/06/01 | ||||
| Committee Substitute Considered, Left Pending | 04/10/01 | ||||
| HB 1316 | Farabee, D- Wichita Falls | Under Section 534.0175 of the Health and Safety Code, trust assets in excess of $50,000 must be considered a resource affecting eligibility of trust beneficiaries for certain state-supported mental health services. This bill would raise the $50,000 limit to $250,000, allowing the beneficiary to protect more assets. | Filed | 02/06/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Public Health | 02/12/01 | ||||
| Testimony Taken, Reported Favorably Without Amendment, Recommended for Local and Consent Calendars | 04/11/01 | ||||
| Passed by House | 05/05/01 | ||||
| Referred to Health and Human Services | 05/07/01 | ||||
| Testimony Taken | 05/10/01 | ||||
| Reported Favorably Without Amendments | 05/11/01 | ||||
| Passed by the Senate | 05/22/01 | ||||
| Sent to the Governor | 05/24/01 | ||||
| Signed by the Governor | 06/15/01 | ||||
| Effective Date | |||||
| HB 1365 | Goodman, R-Arlington | Adds Tex. Fam. Code Sec. 154.013, providing that a child support obligation continues on the death of the party entitled to receive the child support payment, notwithstanding any provision of the Probate Code. | Filed | 02/07/01 | Bill
History Text (Enrolled) Text (Senate Committee) Senate Analysis Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Juvenile Justice and Family Issues | 02/12/01 | ||||
| Committee Substitute Considered, Testimony Taken, Left Pending | 02/27/01 | ||||
| Reported Favorably as Substituted | 03/06/01 | ||||
| Sent to Calendars | 03/14/01 | ||||
| Amended Twice on House Floor | 04/04/01 | ||||
| Passed by House | 04/05/01 | ||||
| Referred to Jurisprudence | 04/09/01 | ||||
| No Action Taken | 05/07/01 | ||||
| Considered in Public Hearing | 05/09/01 | ||||
| Reported Favorably as Substituted, Recommended for Local and Uncontested Calendar | 05/11/01 | ||||
| Placed on Intent Calendar | 05/18/01 | ||||
| Not Again Placed on Intent Calendar | 05/21/01 | ||||
| Passed by Senate as Amended | 05/22/01 | ||||
| House Concurs in Senate Amendments | 05/24/01 | ||||
| Sent to the Governor | 05/27/01 | ||||
| Signed by the Governor | 06/15/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 1420 | Jones, Jesse, D-Dallas | Excludes from the definition of the practice of law assistance offered by employees or volunteers of area agencies on aging in preparing medical powers of attorney, directives to physicians and declarations of guardian. As originally filed, they could assist with durable property powers as well, but that was dropped from the bill. | Filed | 02/08/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Judicial Affairs | 02/12/01 | ||||
| Testimony Taken, Left Pending | 03/19/01 | ||||
| Reported Favorably as Substituted | 03/26/01 | ||||
| Sent to Calendars | 04/02/01 | ||||
| Passed by House | 04/24/01 | ||||
| Referred to Jurisprudence | 04/26/01 | ||||
| No Action Taken | 05/07/01 | ||||
| Considered in Public Hearing | 05/09/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendar | 05/10/01 | ||||
| Passed by the Senate | 05/17/01 | ||||
| Sent to the Governor | 05/21/01 | ||||
| Signed by the Governor | 06/14/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 1559 | Chavez, D-El Paso | Makes the caregiver of an elderly person in certain circumstances ineligible to receive life insurance proceeds if "the insured was coerced to designate the caregiver as the beneficiary through the exercise of undue influence by the caregiver." | Filed | 02/13/01 | Bill
History Text (Introduced) |
| Referred to Insurance | 02/14/01 | ||||
| HB 1608 | Averitt, R-Waco | Extends the rule against perpetuties applicable to trusts to 1,000 years. Its effectiveness is dependent upon passage of a constitutional amendment (either HJR 9 or SJR 26). | Filed | 02/13/01 | Bill
History Text (House Committee) House Analysis Text (Introduced) Related Bill: HJR 9 Related Bill: SB 698 Related Bill: SJR 26 |
| Referred to Financial Institutions | 02/15/01 | ||||
| Testimony Taken, Left Pending | 03/05/01 | ||||
| Reported Favorably Without Amendments | 03/12/01 | ||||
| Sent to Calendars | 03/19/01 | ||||
| Considered in Calendars | 04/17/01 | ||||
| HB 1813 | Wohlgemuth, R-Burleson | Amends Section 32.45(a)(1), Penal Code, to add an attorney-in-fact or agent under a durable power of attorney to the definition of "fiduciary" for purposes of the misapplication by fiduciary statute. As originally filed, the bill was much broader." | Filed | 02/19/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Criminal Jurisprudence | 02/20/01 | ||||
| Testimony Taken, Left Pending | 04/10/01 | ||||
| Left Pending | 04/11/01 | ||||
| Reported Favorably as Amended, Recommended for Local and Consent Calendars | 04/24/01 | ||||
| Passed by House | 05/05/01 | ||||
| Referred to Jurisprudence | 05/07/01 | ||||
| Posting Rule Suspended | 05/11/01 | ||||
| Testimony Taken, Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendars | 05/11/01 | ||||
| Passed by the Senate | 05/23/01 | ||||
| Sent to the Governor | 05/24/01 | ||||
| Signed by the Governor | 06/15/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 1883 | Thompson, D- Harris | Requires agent on power of attorney to account to principal. Earlier versions (1) required agent to post bond in some cases, (2) required recording powers of attorney and (3) changed form and required disclosure statement. | Filed | 02/20/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Judicial Affairs | 02/21/01 | ||||
| Testimony Taken, Left Pending | 03/19/01 | ||||
| Reported Favorably Without Amendments | 05/03/01 | ||||
| Sent to Calendars | 05/04/01 | ||||
| Amended on House Floor | 05/09/01 | ||||
| Passed by House | 05/11/01 | ||||
| Referred to Jurisprudence | 05/11/01 | ||||
| Posting Rule Suspended | 05/11/01 | ||||
| Testimony Taken, Reported Favorably Without Amendments | 05/11/01 | ||||
| Amended on Floor of Senate | 05/23/01 | ||||
| Passed by the Senate as Amended | 05/23/01 | ||||
| House Concurs in Senate Amendments | 05/25/01 | ||||
| Sent to the Governor | 05/28/01 | ||||
| Signed by the Governor | 06/15/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 1935 | Deshotel, D-Port Arthur | Makes changes to the filing fees charged by county clerks, including imposing a flat $10 fee for filing any document in probate court that does not require a specific fee. | Filed | 02/21/01 | Bill
History Text (Introduced) |
| Referred to Judicial Affairs | 02/22/01 | ||||
| No Action Taken in Committee | 03/19/01 |
House Bills Being Tracked: HB 2001 -- HB 3000
| Bill | Author | Description | Action | Date | Links |
|---|---|---|---|---|---|
| HB 2152 | Averitt, R-Waco | Expands the list of persons to whom bequests can be made without violating Section 58b of the Probate Code (spouses, ancestors, descendants and persons within the third degree of consanguinity would be excepted.) | Filed | 02/26/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Judicial Affairs | 02/28/01 | ||||
| Reported Favorably Without Amendment, Recommended for Local and Consent Calendars | 04/02/01 | ||||
| Considered in Local and Consent Calendars | 04/17/01 | ||||
| Passed by House | 04/27/01 | ||||
| Referred to Jurisprudence | 04/30/01 | ||||
| Posting Rule Suspended | 05/11/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendar | 05/11/01 | ||||
| Passed by the Senate | 05/22/01 | ||||
| Sent to the Governor | 05/23/01 | ||||
| Signed by the Governor | 06/11/01 | ||||
| Effective Date | 06/11/01 | ||||
| HB 2253 | Naishtat, D-Austin | Amends the jurisdictional statute for Travis County Probate Court No. 1 to give that court jurisdiction to hear actions arising under certain sections of the Health and Safety Code. (Identical to HB 2882.) | Filed | 02/28/01 | Bill
History Text (Introduced) Related Bill: HB 2882 |
| Referred to Judicial Affairs | 03/01/01 | ||||
| Referred to Subcommittee | 03/05/01 | ||||
| HB 2315 | Solomons, R-Carrollton | Clarifies that the statutory probate court of Denton County may hear cases at such locations as the judge considers necessary or as otherwise provided by law. | Filed | 03/01/01 | Bill
History Text (Introduced) Related Bill: SB 1094 |
| Referred to Judicial Affairs | 03/05/01 | ||||
| HB 2322 | Coleman, D-Houston | Permits guardian of the person to apply to the court to "voluntarily"admit the ward to an in-patient psychiatric facility; requires ad litem; specifies what court costs are and lets the court assess them against applicant (the guardian) or the ward's estate. The House committee version differs substantially from the original version, which would have permitted admission to a facility without a hearing in some cases. | Filed | 03/01/01 | Bill
History Text (House Committee) House Analysis Text (Introduced) Related Bill: SB 1719 |
| Referred to Public Health | 03/05/01 | ||||
| Testimony Taken, Left Pending | 04/09/01 | ||||
| Reported Favorably as Substituted | 04/26/01 | ||||
| Sent to Calendars | 05/03/01 | ||||
| HB 2716 | Maxey, D-Austin | Amends Probate Code Section 682A to permit the filing of a guardianship application for an incapacitated minor up to 180 days before his or her 18th birthday (up from 60 days, as was enacted in 1999). | Filed | 03/06/01 | Bill
History Text (Introduced) |
| Referred to Judicial Affairs | 03/08/01 | ||||
| Referred to Subcommittee (Hartnett, Garcia) | 03/12/01 | ||||
| No Action Taken | 04/23/01 | ||||
| HB 2731 | Gray, D-Galveston | Although the amendment is not entirely clear, it appears that this bill would require the appointment of an attorney ad litem for unknown heirs in every heirship proceeding (rather than leaving to the court's discretion whether or not to appoint an ad litem.) | Filed | 03/06/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Judicial Affairs | 03/12/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Consent Calendars | 04/23/01 | ||||
| Passed by the House | 05/05/01 | ||||
| Referred to Jurisprudence | 05/07/01 | ||||
| Testimony Taken, Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendars | 05/11/01 | ||||
| Passed by the Senate | 05/22/01 | ||||
| Sent to the Governor | 05/24/01 | ||||
| Signed by the Governor | 06/13/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 2814 | Hartnett, R-Irving | Makes the salary of all statutory probate judges equal to or greater than the salary of a district judge in that county (previously this requirement applied only to counties with populations of 700,000 or more); also changes a few statutory cross-references. | Filed | 03/07/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Judicial Affairs | 03/12/01 | ||||
| Testimony Taken, Reported Favorably as Substituted, Recommended for Local and Consent Calendars | 04/09/01 | ||||
| Passed by House | 04/27/01 | ||||
| Referred to Jurisprudence | 05/01/01 | ||||
| Testimony Taken | 05/07/01 | ||||
| Reported Favorably Without Amendments | 05/08/01 | ||||
| Passed by the Senate | 05/15/01 | ||||
| Sent to the Governor | 05/16/01 | ||||
| Signed by the Governor | 05/28/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 2882 | Naishtat, D-Austin | Amends the jurisdictional statute for Travis County Probate Court No. 1 to give that court jurisdiction to hear actions arising under certain sections of the Health and Safety Code. (Identical to HB 2253.) | Filed | 03/07/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) Related Bill: HB 2253 |
| Referred to Judicial Affairs | 03/12/01 | ||||
| Testimony Taken, Reported Favorably as Substituted, Recommended for Local and Consent Calendars | 03/26/01 | ||||
| Passed by House | 04/20/01 | ||||
| Referred to Jurisprudence | 04/24/01 | ||||
| Testimony Taken | 05/07/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendar | 05/08/01 | ||||
| Passed by the Senate | 05/17/01 | ||||
| Sent to the Governor | 05/21/01 | ||||
| Signed by the Governor | 06/13/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 2971 | Goodman, R-Arlington | Would create a whole new creature -- "standby guardianships" -- in the Probate Code (new Sections 891 -- 991) that would allow a parent to designate someone to care for their minor children. | Filed | 03/08/01 | Bill
History Text (Introduced) Related Bill: SB 1239 |
| Referred to Judicial Affairs | 03/13/01 | ||||
| Referred to Subcommittee (Hartnett, Garcia) | 03/26/01 |
House Bills Being Tracked: HB 3001 --
| Bill | Author | Description | Action | Date | Links |
|---|---|---|---|---|---|
| HB 3144 | Hartnett, R-Irving | Various guardianship changes: Sec. 633 -- spouse must be served only if whereabouts are known; Sec. 687 -- 4 days notice to proposed ward and ad litem before hearing on court-ordered examination; Sec. 784 -- 120-day bar for notice to creditors; Sec. 887, 889 and 890 -- $50,000 "nonguardianship" limit raised to $100,000. | Filed | 03/08/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) Related Bill: SB 869 |
| Referred to Judicial Affairs | 03/14/01 | ||||
| Testimony Taken, Reported Favorably as Substituted, Recommended for Local and Consent Calendars | 04/09/01 | ||||
| Passed by House | 04/27/01 | ||||
| Referred to Jurisprudence | 04/30/01 | ||||
| Considered in Public Hearing | 05/09/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendar | 05/10/01 | ||||
| Passed by the Senate | 05/22/01 | ||||
| Sent to the Governor | 05/24/01 | ||||
| Signed by the Governor | 06/15/01 | ||||
| Effective Date | 09/01/01 | ||||
| HB 3406 | King, D-Uvalde | Removes the "3% of the sale price" cap on the fee paid to a bonded livestock commission merchant who is hired by a personal representative to sell the decedent's livestock. | Filed | 03/09/01 | Bill
History Text (Introduced) Related Bill: SB 1407 |
| Referred to Judicial Affairs | 03/15/01 | ||||
| Testimony Taken, Left Pending | 04/09/01 | ||||
| HB 3467 | Hartnett, R-Irving | Provides that filing a will contest is not tortious interference with inheritance rights; takes away gifts to spouse in will when divorce is pending (instead of when divorce is finalized). | Filed | 03/09/01 | Bill
History Text (Engrossed) Text (House Committee) House Analysis Text (Introduced) |
| Referred to Judicial Affairs | 03/15/01 | ||||
| Testimony Taken, Committee Substitute Considered, Left Pending | 04/02/01 | ||||
| Reported Favorably as Substituted, Recommended for Local and Consent Calendars | 04/23/01 | ||||
| Passed by House | 05/05/01 | ||||
| Referred to Jurisprudence | 05/07/01 |
| Bill | Author | Description | Action | Date | Links |
|---|---|---|---|---|---|
| SJR 26 | Carona, R-Dallas | Removes the constitutional prohibition of perpetual trusts. (This constitutional amendment would require voter approval.) | Filed | 02/14/01 | Bill
History Text (Engrossed) Text (Senate Committee) Senate Analysis Text (Introduced) Related Bill: HJR 9 Related Bill HB 1608 Related Bill: SB 698 |
| Referred to Jurisprudence | 02/15/01 | ||||
| No Action Taken in Committee | 03/12/01 | ||||
| Testimony Taken, Left Pending | 03/19/01 | ||||
| Reported Favorably as Amended | 04/03/01 | ||||
| Passed by Senate | 04/11/01 | ||||
| Referred to Financial Institutions | 04/18/01 | ||||
| Testimony Taken, Left Pending | 04/23/01 | ||||
| Reported Favorably Without Amendments | 05/03/01 | ||||
| Sent to Calendars | 05/08/01 | ||||
| SB 194 | Shapiro, R- Plano | Creates Collin County Probate Court No. 1, effective January 1, 2003. | Filed | 01/05/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (Senate Committee) Senate Committee Analysis Text (Introduced) Commentary Related Bill: HB 763 |
| Referred to Intergovernmental Relations | 01/11/01 | ||||
| Testimony Taken in Committee | 01/30/01 | ||||
| Reported favorably without amendments, recommended for Local and Uncontested Calendar | 01/31/01 | ||||
| Passed by Senate | 03/01/01 | ||||
| Referred to Judicial Affairs | 03/07/01 | ||||
| Meeting Cancelled | 05/07/01 | ||||
| Testimony Taken, Reported Favorably Without Amendment, Recommended for Local and Consent Calendars | 05/14/01 | ||||
| Passed by the House | 05/23/01 | ||||
| Sent to the Governor | 05/24/01 | ||||
| Signed by the Governor | 06/13/01 | ||||
| Effective Date | 09/01/01 | ||||
| SB 698 | Carona, R-Dallas | Extends the rule against perpetuties applicable to trusts to 360 years. Its effectiveness is dependent upon passage of a constitutional amendment (either HJR 9 or SJR 26). (As originally filed, this bill would have extended the perpetuities period to 1,000 years. This was carved back to 360 years by the Senate Jurisprudence Committee.) | Filed | 02/14/01 | Bill
History Text (Engrossed) Text (Senate Committee) Senate Analysis Text (Introduced) Related Bill: HJR 9 Related Bill: SJR 26 Related Bill: HB 1608 |
| Referred to Jurisprudence | 02/15/01 | ||||
| No Action Taken in Committee | 03/12/01 | ||||
| Testimony Taken, Left Pending | 03/19/01 | ||||
| Reported Favorably as Substituted | 04/03/01 | ||||
| Passed by Senate | 04/11/01 | ||||
| Referred to Financial Institutions | 04/18/01 | ||||
| Testimony Taken, Left Pending | 04/23/01 | ||||
| Reported Favorably Without Amendments | 05/03/01 | ||||
| Sent to Calendars | 05/09/01 | ||||
| SB 722 | Bernsen, D-Beaumont | State Bar REPTL Guardianship Bill: Permits suspension (not termination) of an agent's powers under a power of attorney during a temporary guardianship; permits surviving parent to designate guardian for child in the event of later incapacity; cleans up declaration of guardian for children requirements; permits inspection of estate planning documents for gift-giving purposes; provides accounting and removal procedure for community administrators. | Filed | 02/14/01 | Bill
History Text (Introduced) Related Bill: HB 1132 |
| Referred to Jurisprudence | 02/19/01 | ||||
| SB 723 | Bernsen, D-Beaumont | State Bar REPTL Decedent's Estates Bill: Eliminates the social security number requirement on applications to probate will as muniment of title and cleans up Sections 177(b) and 313. | Filed | 02/14/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (Senate Committee) Senate Analysis Text (Introduced) Related Bill: HB 1131 |
| Referred to Jurisprudence | 02/19/01 | ||||
| Testimony Taken in Committee | 03/05/01 | ||||
| Reported favorably without amendments, recommended for Local and Uncontested Calendar | 03/06/01 | ||||
| Passed by Senate | 03/22/01 | ||||
| Referred to Judicial Affairs | 03/26/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Consent Calendars | 03/26/01 | ||||
| Passed by House | 03/29/01 | ||||
| Sent to the Governor | 04/03/01 | ||||
| Signed by Governor | 04/11/01 | ||||
| Effective Date | 09/01/01 | ||||
| SB 869 | Lindsay, R-Houston | Amends Probate Code Section 633 to provide that the spouse must be served with citation in a guardianship only "if the whereabouts of the spouse are known or can be reasonably ascertained." | Filed | 02/22/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (Senate Committee) Senate Analysis Text (Introduced) Related Bill: HB 3144 |
| Referred to Jurisprudence | 02/26/01 | ||||
| Testimony Taken | 04/17/01 | ||||
| Reported Favorably as Substituted, Recommended for Local and Uncontested Calendar | 04/19/01 | ||||
| Passed by the Senate | 04/26/01 | ||||
| Referred to Judicial Affairs | 04/30/01 | ||||
| Meeting Cancelled | 05/07/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Consent Calendars | 05/14/01 | ||||
| Passed by the House | 05/23/01 | ||||
| Sent to the Governor | 05/24/01 | ||||
| Signed by the Governor | 06/14/01 | ||||
| Effective Date | 09/01/01 | ||||
| SB 941 | Lindsay, R-Houston | Would require a former or retired statutory probate judge who wishes to be assigned cases to certify that he or she is willing not appear, plead in or accept certain appointments from any court in the county of the judge's residence for two years (the Senate version would have applied to contiguous counties, too). | Filed | 02/26/01 | Bill
History Text (Enrolled) Text (House Committee) House Analysis Text (Engrossed) Text (Senate Committee) Senate Analysis Text (Introduced) |
| Referred to Jurisprudence | 02/28/01 | ||||
| Testimony Taken | 04/09/01 | ||||
| Reported Favorably as Substituted, Recommended for Local and Uncontested Calendar | 04/11/01 | ||||
| Passed by Senate | 04/20/01 | ||||
| Referred to Judicial Affairs | 04/23/01 | ||||
| Reported Favorably as Substituted, Recommended for Local and Consent Calendars | 04/30/01 | ||||
| Passed by House as Amended | 05/08/01 | ||||
| Senate Concurs in House Amendments | 05/15/01 | ||||
| Sent to the Governor | 05/16/01 | ||||
| Signed by the Governor | 05/28/01 | ||||
| Effective Date | 09/01/01 | ||||
| SB 967 | Carona, R-Dallas | Relating to adoption of the Business Organizations Code; providing penalties. | Filed | 02/27/01 | Bill
History Text (Introduced) Related Bill: HB 327 |
| Referred to Business and Commerce | 02/28/01 | ||||
| SB 1094 | Nelson, R-Flower Mound | Clarifies that the statutory probate court of Denton County may hear cases at such locations as the judge considers necessary or as otherwise provided by law. | Filed | 03/05/01 | Bill
History Text (Enrolled) Text (House Committee) Text (Engrossed) Text (Senate Committee) Senate Analysis Text (Introduced) Related Bill: HB 2315 |
| Referred to Intergovernmental Relations | 03/06/01 | ||||
| Testimony Taken | 03/27/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendard | 03/28/01 | ||||
| Passed by Senate | 04/05/01 | ||||
| Referred to Judicial Affairs | 04/09/01 | ||||
| Reported Favorably Without Amendment, Recommended for Local and Consent Calendars | 04/30/01 | ||||
| Passed by House | 05/08/01 | ||||
| Sent to the Governor | 05/10/01 | ||||
| Signed by the Governor | 05/22/01 | ||||
| Effective Date | 05/22/01 | ||||
| SB 1239 | Moncrief, D-Fort Worth | Would create a whole new creature -- "standby guardianships" -- in the Probate Code (new Sections 891 -- 991) that would allow a parent to designate someone to care for their minor children. | Filed | 03/07/01 | Bill
History Text (Introduced) Related Bill: HB 2971 |
| Referred to Jurisprudence | 03/12/01 | ||||
| SB 1407 | Madla, D-San Antonio | Increases "3% of the sale price" cap on the fee paid to a bonded livestock commission merchant who is hired by a personal representative to sell the decedent's livestock to 5% (originally the bill would have eliminated the limit completely). | Filed | 03/08/01 | Bill
History Text (Enrolled) Text (House Committee) Text (Engrossed) Text (Senate Committee) Senate Analysis Text (Introduced) Related Bill: HB 3406 |
| Referred to Jurisprudence | 03/13/01 | ||||
| Testimony Taken, Reported Favorably Without Amendments | 04/03/01 | ||||
| Passed by Senate | 04/09/01 | ||||
| Referred to Judicial Affairs | 04/09/01 | ||||
| Reported Favorably as Substituted, Recommened for Local and Consent Calendars | 04/23/01 | ||||
| Passed by House as Amended | 05/08/01 | ||||
| Senate Concurs in House Amendments | 05/15/01 | ||||
| Sent to the Governor | 05/16/01 | ||||
| Signed by the Governor | 05/28/01 | ||||
| Effective Date | 09/01/01 | ||||
| SB 1417 | Lindsay, R-Houston | Requires guardian to get compensation approved at time accounting is filed; makes it harder to get more than "5% in/5% out" commission for a guardian; denies compensation for veterans' benefits, social security benefits and tax-motivated gifts. | Filed | 03/08/01 | Bill
History Text (Enrolled) Text (Engrossed) Text (Senate Committee) Senate Analysis Text (Introduced) |
| Referred to Jurisprudence | 03/13/01 | ||||
| No Action Taken | 04/23/01 | ||||
| Testimony Taken | 04/30/01 | ||||
| Reported Favorably as Substituted, Recommended for Local and Uncontested Calendar | 05/01/01 | ||||
| Passed by Senate | 05/10/01 | ||||
| Referred to Judicial Affairs | 05/14/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Consent Calendars | 05/16/01 | ||||
| Passed by the House | 05/23/01 | ||||
| Sent to the Governor | 05/24/01 | ||||
| Signed by the Governor | 06/14/01 | ||||
| Effective Date | 09/01/01 | ||||
| SB 1628 | Wentworth, R-San Antonio | Cleans up jurisdictional loose ends for statutory probate courts, including specifying their jurisdiction over certain matters in the Health and Safety Code. | Filed | 03/09/01 | Bill
History Text (Introduced) Related Bill: HB 689 |
| Referred to Jurisprudence | 03/14/01 | ||||
| SB 1640 | Bernsen, D-Beaumont | Adds "mutual fund account" to the list of permitted nontestamentary transfers in Probate Code Section 450. | Filed | 03/09/01 | Bill
History Text (Enrolled) Text (House Committee) Text (Engrossed) Text (Senate Committee) Senate Analysis Text (Introduced) |
| Referred to Jurisprudence | 03/14/01 | ||||
| Testimony Taken | 04/09/01 | ||||
| Reported Favorably Without Amendments, Recommended for Local and Uncontested Calendard | 04/10/01 | ||||
| Passed by Senate | 04/20/01 | ||||
| Referred to Judicial Affairs | 04/23/01 | ||||
| Reported Favorably Without Amendment, Recommended for Local and Consent Calendars | 04/30/01 | ||||
| Passed by House | 05/08/01 | ||||
| Sent to the Governor | 05/10/01 | ||||
| Signed by the Governor | 05/22/01 | ||||
| Effective Date | 05/22/01 | ||||
| SB 1719 | Harris, R-Arlington | Permits guardian of the person to consent to the voluntary admission of the ward to an in-patient psychiatric facility if the letters of guardianship so authorize; requires notice to the court of taking such action; limits the duration of inpatient treatment without further court authorization. | Filed | 03/14/01 | Bill
History Text (Introduced) Related Bill: HB 2322 |
| Referred to Jurisprudence | 03/14/01 | ||||
| Testimony Taken, Left Pending | 04/23/01 |