2003 Pending/Adopted Legislation By Bill Number

Bills Filed in the First Called Session

 

HJRs (Usually Constitutional Amendments)

HB 1501 through HB 2000

SJRs (Usually Constitutional Amendments)

HB 1 through HB 500

HB 2001 through HB 2500

SB 1 through SB 500

HB 501 through HB 1000

HB 2501 through HB 3000

SB 501 through SB 1000

HB 1001 through HB 1500

HB 3001 up

SB 1001 through SB 1500

   

SB 1501 up

 Bills whose text appears in gray type failed to pass.

Bills Filed in the First Called Session

Remember, only matters included in the Governor's call can be enacted, so just because something is filed does not mean it can be enacted.  Click here to see the matters included in the Governor's call as of July 1, 2003.

 

Click on Bill # for More Info

Author

Caption

Comments/Description

HB 3 Crabb/King Relating to the composition of the districts for the election of members of the United States House of Representatives from the State of Texas. This appears to be the main congressional redistricting bill, in case you are interested.  There are others, but they haven't moved as far as this one.)  Passed the House July 8, 2003.
HB 28 McClendon Relating to the imposition of a lien on property to recover certain medical assistance. This bill would repeal the controversial provision in HB 2292 (which passed in the regular session) requiring the state to have an estate recovery plan to seize the homes of nursing home Medicaid beneficiaries after their deaths.  See also HB 91.
HB 41 Dunnam Relating to the application of the franchise tax. This bill would apparently make the franchise tax applicable to limited partnerships with non-natural persons who are partners, but would allow a deduction for the share of income attributable to partners who are natural persons.
HB 46 Eiland Relating to the personal needs allowance for nursing home residents under the Medicaid program. This bill would undo the change to Section 32.024(w) made by HB 2292, restoring the personal  needs allowance to $60 per month.  HB 2292 had lowered it to $45 per month.  See also HB 92.
HB 91 Thompson Relating to the filing of a lien against the home of certain Medicaid recipients. This bill would prohibit the filing of a Medicaid estate recovery lien (under HB 2292) if the property is subject to a homestead exemption for ad valorem tax purposes and if the house if valued at not greater than $150,000 for ad valorem tax purposes.  See also HB 28.
HB 92 Thompson Relating to the personal needs allowance for nursing home residents under the Medicaid program. This bill would undo the change to Section 32.024(w) made by HB 2292, restoring the personal  needs allowance to $60 per month.  HB 2292 had lowered it to $45 per month.  See also HB 46.
HB 96 Truitt Relating to the organization and operations of mental health and mental retardation services in this state, including the powers and duties of the Texas Department of Mental Health and Mental Retardation.  
(Checked through HB 126.)      
(SB 1 -- SB5 not filed last time checked.)      
SB 11 Ellis Relating to beneficiaries of certain life insurance policies.

 

This bill would prohibit the employer of an insured being named beneficiary of a life insurance policy in some cases.
SB 20 Whitmire Relating to creating offenses for abandoning or endangering an elderly individual or disabled individual and for failing to provide certain care for a child, elderly individual, or disabled individual.  
(Checked through SB 60.)      

Bills Filed in the Regular Session

HJRs

Click on Bill # for More Info

Author

Caption

Comments/Description

HJR 5 Rose Proposing a constitutional amendment to prohibit an increase in the total amount of county or municipal ad valorem taxes that may be imposed on the residence homestead of a disabled person. Failed to pass.
HJR 11 Corte Proposing a constitutional amendment to limit the tax rate on the income component of the franchise tax. Failed to pass.
HJR 37 Gutierrez Proposing a constitutional amendment to increase the amount of the market value of the residence homestead of a disabled or elderly person that may be exempt from ad valorem taxation by a school district. See HB 700 for enabling legislation. Failed to pass.
HJR 38 Gutierrez Proposing a constitutional amendment to prohibit increases in ad valorem taxes imposed by a political subdivision other than a hospital district on the residence homestead of a disabled person, an elderly person, or an elderly person's surviving spouse. See HB 701 for enabling legislation. Failed to pass.
HJR 47 Merritt Proposing a constitutional amendment to prohibit an inheritance tax unless approved by a majority of registered voters in a statewide referendum. Key Legislation.  Click here for analysis.  See HB 313 for related legislation. Failed to pass.
HJR 57 Elkins Proposing a constitutional amendment to require an annual adjustment of the amount of the residence homestead exemption from ad valorem taxation for public school purposes for persons 70 years of age or older to correspond to the average market value of a single-family residence in this state. Failed to pass.
HJR 60 McClendon Proposing a constitutional amendment to prohibit increases in ad valorem taxes imposed by a political subdivision on the residence homestead of an elderly person or the person's surviving spouse. Failed to pass.
HJR 66 Gallego Proposing a constitutional amendment relating to the use of income and appreciation of the permanent school fund. Would adopt a  unitrust approach for expending funds from the permanent school fund.  This is not a trust bill, but it is interesting in light of the development of trust law in this area.  See also SJR 35. Failed to pass.
HJR 75 Chisum Proposing a constitutional amendment to allow the creation, by local option election, of the office of county senior citizens advisor. Failed to pass.
HJR 77 Paxton Proposing a constitutional amendment to remove the prohibition against perpetual trusts. Key Legislation:  This would end the constitutional prohibition of perpetual trusts.  Click here for analysis.   See also SJR 26, HB 2239 and  SB 534. Failed to pass.
(Checked through HJR 100)      

HB 1 through HB 500

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Author

Caption

Comments/Description

HB 4 Nixon, et al Relating to reform of certain procedures and remedies in civil actions. This bill is a smorgasbord of defense-oriented changes.  The Senate Committee version of this bill contains provisions which attempt to make venue provisions trump statutory probate court jurisdiction  provisions (including the Section 5B transfer power) with respect to personal injury and wrongful death cases.  As of this writing (June 2), the full text of the conference committee version of the bill is unavailable, so it is unclear if the venue provisions affecting probate survived.  Passed the House March 28, 2003.  Passed the Senate with amendments May 16, 2003.  Conference Committee Appointed.  Conference Committee Report adopted June 1, 2003.  Technical  corrections made June 2, 2003.  Sent to the Governor June 4, 2003.  Signed by the Governor June 11, 2003.  Effective September 1, 2003.
HB 21 Corte Relating to admission to and discharge from facilities for voluntary inpatient mental health services for persons younger than 18 years of age. This bill affects the rights of persons under age 18 who are admitted for inpatient psychiatric care.  Passed the House April 24, 2003.  Passed Senate without amendments May 26, 2003.  Sent to the Governor May 27, 2003.  Signed by the Governor June 20, 2003.  Effective June 20, 2003.
HB 38 Chisum Relating to the recognition of same-sex marriage or civil union. This bill would prohibit the recognition of same-sex marriages.  See  SB 7.
HB 48 Turner Relating to the survival of a wrongful death suit on the death of the plaintiff. This bill was vetoed last session.  It has very narrow application. Failed to pass.
HB 56 Wise Relating to the disclosure of a customer's personal information by a financial institution. This is a pro-privacy bill that could have negative, and probably unintended, consequences, since it may limit the right of an agent under a power of attorney, a guardian or an executor to get bank information.  See also SB 796. Failed to pass.
HB 79 Wise Relating to possession of or access to a child. This bill would require the appointment of a guardian ad litem in any suit affecting the parent-child relationship, not just suits seeking to terminate the parent-child relationship. Failed to pass.
HB 152 Wilson Relating to certain life insurance policies insuring the life of an employee. This prohibits a corporation being made beneficiary of a life insurance policy on its employee, unless the employee is an officer or stockholder of the corporation.  This deals with the so-called "peasant insurance" problem, but may also (unintentionally?) prohibit certain uses of "key man" insurance and insurance used to fund non-qualified retirement plans.  Related legislation:  HB 978 SB 137 Failed to pass.
HB 290 Coleman Relating to removal of corneal tissue from a decedent. This bill would permit removal of corneal tissue only with consent.  Current law permits removal so long as there is no objection to removal.  Failed to pass.
HB 313 Merritt Relating to the repeal of the state inheritance tax. Key Legislation:  This bill would repeal Chapter 211, Tax Code, and would apply to persons dying after its effective date (either September 1, 2003, or immediately upon its effective date if approved by a sufficient margin).  Click here for analysis.  See HJR 47 for related constitutional amendment. Failed to pass.
HB 315 Nixon Relating to a statute of repose for certain malpractice suits against attorneys. This bill would adopt a 10-year statute of repose for malpractice claims against lawyers who represented the person in a suit involving a claim for damages
or other relief made by or against the person.  Thus, it appears to protect litigation attorneys and not transactional/estate planning attorneys, but it might apply to probate proceedings (are probate proceedings "claims for damages or other relief?").
Failed to pass.
HB 320 Grusendorf Relating to the refusal to administer or consent to the administration of certain psychiatric or psychological treatment to a child.  Passed the House April 2, 2003.  Passed Senate as amended May 24, 2003.  Conference Committee appointed.  Conference Committee Report adopted June 1, 2003.  Sent to the Governor June 3, 2003.  Signed by the Governor June 20, 2003.  Effective June 20, 2003.
HB 419 Martinez Fischer Relating to public access to certain information and materials. Failed to pass.
HB 420 Martinez Fischer Relating to the punishment for certain property offenses committed against elderly individuals. This bill increases the criminal punishment for the theft of certain property if the owner was elderly.  Passed the House May 8, 2003.  Passed the Senate without amendments May 28, 2003.  Sent to the Governor May 31, 2003.  Signed by the Governor June 20, 2003.  Effective September 1, 2003.
HB 429 Chisum Relating to excluding certain nursing institutions from the requirement to maintain liability insurance coverage for health care liability claims. Failed to pass.
HB 435 Allen Relating to certain notification requirements for an employer of a child, a person with mental retardation, or a person who is mentally incapacitated. This bill would require certain persons with criminal records  who employ children or mentally retarded or incapacitated individuals to notify the child's or individual's parent or legal guardian of his criminal history. Failed to pass.
HB 440 Raymond Relating to the provision of prescribed medications and community and personal care services under the medical assistance program. Failed to pass.
HB 445 Talton Relating to the filing of a recusal motion in a proceeding involving a temporary guardianship or court-ordered services and treatment. Key Legislation:  This bill would amend Section 875 of the Probate Code to "toll" the requirement that a hearing occur within 10 days and "toll" the requirement that temporary guardianships must last no longer than 60 days if a motion to recuse the judge is filed.  In those cases, the time periods are "tolled" until the hearing on the recusal motion.  This could have the effect of extended an ex parte temporary guardianship indefinitely if a recusal motion is filed.  Click here for analysis.  Passed the House May 16, 2003. Failed to pass.
HB 450 Mowery Relating to the imposition of a minimum franchise tax. Key Legislation:  Currently, if the franchise tax on an entity would be less than $100, the entity does not owe any franchise tax.  This bill would impose a minimum franchise tax of $100 even if the calculated tax would be less than $100.  Click here for analysis. Failed to pass.
HB 465 Talton Relating to the fee a county may collect for handling court registry funds. Failed to pass.
HB 492 Jones, Jesse Relating to the prosecution and punishment of injury to a child, elderly individual, or disabled individual. Passed the House May 9, 2003.  Failed to pass.
HB 493 Jones, Jesse Relating to the continuation of the Texas Department on Aging. See also SB 262 Passed the House April 24, 2003.  Failed to pass.

HB 501 through HB 1000

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Author

Caption

Comments/Description

HB 500 Goolsby Relating to the confidentiality of applications for ad valorem tax exemptions; providing criminal penalties. This bill makes a person's driver's license number, personal identification certificate number or social security number submitted on applications for ad valorem tax exemptions confidential.  Passed the House April 10, 2003.  Passed the Senate without amendments May 28, 2003.  Sent to the Governor May 31, 2003.  Signed by the Governor June 20, 2003.  Effective September 1, 2003.
HB 556 West, Buddy Relating to certain requirements in connection with the expenditure of child support payments. This bill would require the recipient of child support to account for its use in some cases. Failed to pass.
HB 587 Marchant Relating to the cremation of human remains; providing a penalty. This bill enacts Chapter 716 of the Health and Safety Code, regulating cremation.  Among other things, it sets for rules for scattering cremated remains (Section 716.304).  Passed the House April 14, 2003.  Passed the Senate as amended May 6, 2003.  House concurs in Senate amendments May 8, 2003.  Sent to the Governor May 19, 2003.  Signed by the Governor May 29, 2003.  Effective September 1, 2003.
HB 589 Davis, Yvonne Relating to taxes. This bill appears to eliminate most of the exemptions and credits from the franchise tax. Failed to pass.
HB 599 Chisum Relating to the continuation and functions of the State Bar of Texas. This is the State Bar of Texas Sunset Bill.  Among other things, it imposes a mandatory $65 fee on every licensed attorney under age 70 for indigent legal services.  See also SB 272 Passed the House May 6, 2003.  Passed the Senate with amendments May 28, 2003.  House concurs in Senate amendments May 30, 2003.  Sent to the Governor June 2, 2003.  Signed by the Governor June 18, 2003.  Effective September 1, 2003.
HB 603 Noriega Relating to the regulation of crematories, cemeteries, and funeral homes; providing a penalty. Failed to pass.
HB 643 Wohlgemuth Relating to the amount of exemplary damages that a plaintiff may
obtain against a defendant.
This may affect the availability of exemplary damage remedy in cases involving misapplication of fiduciary property. Failed to pass.
HB 680 Talton Relating to a motion for recusal or disqualification of a statutory probate court judge. Key Legislation:  This bill requires a recusal motion to be heard within 14 days and permits it to be heard by the presiding judge of the administrative judicial region if no statutory probate judge is available to hear the motion within 14 days.  Click here for analysis. Failed to pass.
HB 690 Coleman Relating to health benefit plan coverage for certain physical injuries that are self-inflicted by a minor. Failed to pass.
HB 694 Davis, Yvonne Relating to the application of the franchise tax to certain entities. Key Legislation:  This bill apparently would make the franchise tax applicable to any entity taxed as a corporation for federal tax purposes.  Click here for analysis. Failed to pass.
HB 700 Gutierrez Relating to the amount of the appraised value of the residence homestead of a disabled or elderly person that is exempt from ad valorem taxation by a school district. Enabling legislation for HJR 37. Failed to pass.
HB 701 Gutierrez Relating to a prohibition on increasing the total amount of ad valorem taxes imposed by a taxing unit other than a hospital district on the residence homestead of a disabled person, an elderly person, or an elderly person's surviving spouse. Enabling legislation for HB 38 Failed to pass.
HB 702 Solomons Relating to the application of the sunset review process to state taxes. Failed to pass.
HB 710 Thompson Relating to durable powers of attorney and statutory durable powers of attorney. Key Legislation:  This bill would make significant changes to the statutory durable power of attorney form and to the laws governing powers of attorney.  Click here for analysis. Failed to pass.
HB 727 Delisi Relating to disease management programs for certain Medicaid recipients. Passed the House April 10, 2003.  Passed the Senate with amendments May 28, 2003.  Conference Committee appointed.  Conference Committee Report adopted June 1, 2003.  Sent to the Governor June 3, 2003.  Signed by the Governor June 16, 2003.  Effective June 16, 2003.
HB 729 Goodman Relating to the adoption of the Uniform Parentage Act regarding gestational agreements; providing penalties. This bill enacts new Subchapter I to Chapter 160 of the Family Code, authorizing and imposing requirements for an agreement between a woman and the "intended parents" of a child in which the woman relinquishes all rights as a parent of the child conceived by means of assisted reproduction and provides that the intended parents become the parents of the child.  This may affect the inheritance rights of the child.  Passed the House May 1, 2003.  Passed by the Senate without amendments May 23, 2003.  Sent to the Governor May 27, 2003.  Signed by the Governor June 20, 2003.  Effective September 1, 2003.
HB 776 Naishtat Relating to requiring that certain individuals who provide nursing services in a nursing institution receive annual training in caring for people with dementia. Passed the House May 2, 2003.  Passed by the Senate without amendments May 20, 2003.  Sent to the Governor May 22, 2003. Signed by the Governor June 20, 2003.  Effective September 1, 2003.
HB 806 Hunter Relating to the recognition of foreign adoptions and the issuance of a supplementary birth certificate. Failed to pass.
HB 811 Rodriguez Relating to the detention of persons for mental health purposes. Failed to pass.
HB 837 Hilderbran Relating to ad valorem taxes imposed on a residence homestead in a year in which a residence homestead exemption for an elderly person terminates. Failed to pass.
HB 885 Dutton Relating to the rights of spouses in relation to separate and community property. This bill tinkers with the formula for determining a claim for economic contribution (Family Code Section 3.403), creates a presumption that the partition and exchange of community property into separate property makes the income from that property separate property, too, and tinkers with the division of quasi-community property (or perhaps it should be called quasi-separate property) on divorce.  Passed the House May 1, 2003.  Passed the Senate without amendments May 28,  2003.  Sent to the Governor May 31, 2003.  Signed by the Governor June 18, 2003.  Effective September 1, 2003.
HB 938 Riddle Relating to the right to file suit in this state. This bill would prohibit illegal aliens from filing a suit in this state.  Would this affect probate and guardianship proceedings? Failed to pass.
HB 950 Isett Relating to an optional defined contribution retirement plan for persons eligible to participate in the Teacher Retirement System of Texas. Failed to pass.
HB 951 Isett Relating to an optional defined contribution retirement plan for persons eligible to participate in the Employees Retirement System of Texas. Failed to pass.
HB 971 Isett Relating to the liability of a physician or health care provider to an individual receiving benefits under Medicaid. This bill would require proof of criminal negligence in order for a patient to recover damages from a physician or health care provided who was compensated partly or wholly by Medicaid. Failed to pass.
HB 978 Dukes Relating to certain life insurance policies insuring the life of an officer, stockholder, partner, or employee. This bill relates to so-called "peasant insurance" or "janitor insurance" -- insurance owned by an employer on the life of an employee.  It could adversely affect certain "key man" insurance practices and the practice of using life insurance to fund nonqualified retirement plans.  See related legislation:  HB 152 SB 137. Failed to pass.
HB 987 Coleman Relating to removal of human body parts after death; providing a penalty. Failed to pass.
HB 993 Wilson Relating to a proceeding to vacate an order of paternity or child support. Could this affect a completed determination of heirship proceeding?  If so, what happens to the heirship proceeding?  Since the "father" is the only person who can apply, perhaps it won't affect heirship proceedings unless there is a disclaimer. Failed to pass.

HB 1001 through HB 1500

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Author

Caption

Comments/Description

HB 1015 Miller Relating to prohibiting a governmental body from disclosing a person's social security number to a member of the public without the person's written consent. This bill prohibits a governmental body from disclosing a person's social security number without the person's consent.  What happens to all those old probate pleadings which contain the applicant's and decedent's social security numbers?  They are in the probate minutes, and those are public records. Failed to pass.
HB 1053 Rodriguez Relating to the confidentiality of social security numbers in certain circumstances. This bill enacts Chapter 145 of the Civil Practices and Remedies Code, prohibiting non-governmental entities from using, displaying or disclosing social security numbers in certain ways.  The bill becomes law January 1, 2005.  It does not affect public records like a county clerk's files.  Passed the House May 5, 2003.  Passed the Senate with amendments May 28, 2003.  House concurs in Senate amendments May 30, 2003.  Sent to the Governor June 2, 2003.  Vetoed by the Governor June 20, 2003.
HB 1070 Howard Relating to a parent's refusal to authorize a school district employee to conduct the psychological or psychiatric testing or treatment of a child; providing penalties. This bill protects the right of a parent to refuse certain psychiatric tests and medications for a child.  Should it be revised to protect guardians of the person, too. Failed to pass.
HB 1077 Jesse Jones Relating to removal of remains interred in a cemetery. This bill establishes a court procedure to be followed before a cemetery association removes interred remains, but it is full of exceptions and qualifications.  Passed the House April 24, 2003.  Passed the Senate without amendments May 28, 2003.  Sent to the Governor May 31, 2003.  Signed by the Governor June 20, 2003.  Effective September 1, 2003.
HB 1121 Crabb Relating to the form of examination of a child in a criminal or civil proceeding. This bill would place restrictions on the examination of a child in a civil proceeding and, therefore, may have some impact on guardianship proceedings. Failed to pass.
HB 1126 Miller Relating to the repeal of the franchise tax. See also HB 1160. Failed to pass.
HB 1156 Giddings Relating to adoption of the Business Organizations Code. This is a recodification of the statutes governing corporations, limited  liability companies, limited partnerships, professional corporations, etc.  In general, it is effective January 1, 2006, but other provisions come and go as late as January 1, 2010.  Passed the House April 23, 2003.  Passed the Senate without amendment May 16, 2003.  Sent to the Governor May 19,  2003.  Signed by the Governor May 19, 2003.  Effective January 1, 2006.
HB 1160 Isett Relating to the repeal of the franchise tax. See also HB 1126. Failed to pass.
HB 1165 Solomons Relating to business corporations. This bill makes a number of housekeeping-type changes to the Texas Business Corporations Act and a few to the Non-Profit Corporation Act.  Passed the House April 23, 2003.  Passed by the Senate with amendments May 22, 2003.  Conference Committee Appointed.  Conference Committee Report adopted May 31, 2003.  Sent to the Governor June 3, 2003.  Signed by the Governor June 18, 2003.  Effective September 1, 2003.
HB 1187 Luna Relating to investigations and decisions regarding allegations of abuse, neglect, or exploitation by employees at certain facilities. Failed to pass.
HB 1188 Phillips Relating to the punishment for certain theft and fraud offenses committed against an elderly individual. Failed to pass.
HB 1196 Rodriguez Relating to certain limits on the use of money appropriated for purposes related to long-term care waiver programs. Failed to pass.
HB 1210 Naishtat Relating to matching grants for low to moderate income families participating in the higher education savings or prepaid tuition program. Failed to pass.
HB 1256 Flores Relating to a prohibition of expansion of managed care delivery systems under the state Medicaid program. Failed to pass.
HB 1275 Wohlgemuth Relating to the amount of exemplary damages that may be awarded against a nursing institution. Failed to pass.
HB 1307 Marchant Relating to the administration, operation, and regulation of credit unions. This bill has one troubling provision (Finance Code Section 125.309) permitting credit unions to establish accounts for trustees based on a "certificate of trust" rather than a written trust agreement.  A lot of the ills of this section can be avoided if the settlor, trustee, beneficiary or attorney gives the credit union a copy of the trust instrument and "certifies" to its "authenticity."   See also SB 812.  Passed the House April 14, 2003.  Passed by the Senate with amendments May 20, 2003.  House concurs in Senate amendments May 22, 2003.   Sent to the Governor May 24, 2003.  Signed by the Governor June 20, 2003.  Effective September 1, 2003.
HB 1313 Pitts Relating to a Texas Department of Transportation approved driver education course conducted by a person with legal authority to act in place of a parent or legal guardian. Failed to pass.
HB 1320 Naishtat Relating to the transfer of money appropriated to provide care for certain persons in nursing facilities to provide community-based services to those persons. Failed to pass.
HB 1327 Phillips Relating to the punishment for certain theft and fraud offenses committed against a disabled person. Failed to pass.
HB 1330 McReynolds Relating to medical information on a driver's license. Passed the House April 24, 2003.  Passed the Senate without amendments May 22, 2003.  Sent to the Governor May 27, 2003.  Became law without Governor's signature?????
HB 1391 Hamric Relating to the confidentiality of pleadings and protective order applications in certain proceedings in the Family Code. This bill (which appears to apply only to Harris County) makes various family law pleadings confidential and not subject to public disclosure for a temporary period (for example, until the service of citation or 31 days after filing, whichever is sooner). Passed the House May 1, 2003.  Passed the Senate without amendments May 27, 2003.  Sent to the Governor May 29, 2003.  Signed by the Governor June 22, 2003.  Effective September 1, 2003.
HB 1406 Betty Brown Relating to a recommendation by a school district employee concerning a use of a psychotropic drug by a student or psychiatric evaluation or examination of a student and to refusal by a parent or certain other person to consent to administration of a psychotropic drug to a student or to psychiatric evaluation or examination of a student. See also HB 1070.  Passed the House April 30, 2003.  Passed the Senate with amendments May 28, 2003.  House concurs in Senate amendments May 30, 2003.  Sent to the Governor June 3, 2003.  Signed by the Governor June 20, 2003.  Effective June 20, 2003.
HB 1424 Keel Relating to requiring superintendents and general managers of institutions to report the deaths of certain individuals; providing a criminal penalty. See also SB 826. Failed to pass.
HB 1426 Keel Relating to creating offenses for abandoning or endangering an elderly individual or disabled individual and for failing to provide certain care for a child, elderly individual, or disabled individual. Laid on the table subject to call. Failed to pass.
HB 1465 Hartnett Relating to an administrative hearing for unclaimed property decisions. Passed the House May 16, 2003.  Failed to pass.
HB 1470 Hartnett Relating to guardianships of incapacitated persons; providing a criminal penalty. Key Legislation.  This is Real Estate, Probate and Trust Law Section legislation.  It makes a number of changes regarding guardianships, including establishing a new requirement for monthly allowances and investment plans.  See also SB 1178 Passed the House May 10, 2003.  Passed the Senate with amendments May 28, 2003.  House concurs in Senate amendments May 30, 2003.  Sent to the Governor June 2, 2003.  Signed by the Governor June 20, 2003.  Effective September 1, 2003.
HB 1471 Hartnett Relating to the duties and removal of a trustee. Key Legislation:  This is Real Estate, Probate and Trust Law Section legislation.  It would place a 60-day deadline on trustee accountings and tinker with the trustee removal provisions.  Click here for analysis.  See also SB 574
Passed the House April 2, 2003.  Passed the Senate with amendments May 20, 2003.  House  concurs in Senate amendments May 22, 2003.  Sent to the Governor May 24, 2003.
 Signed by the Governor June 20, 2003.  Effective September 1, 2003.
HB 1472 Hartnett Relating to the exercise of powers of appointment. Key Legislation:  This is Real Estate, Probate and Trust Law Section legislation.  It would clarify how the holder of a power of appointment may exercise the power when the instrument is silent.  Click here for analysis.  See also SB 576.
Passed the House March 28, 2003.  Passed the Senate without amendments May 20, 2003.  Sent to the Governor May 22, 2003.
 Signed by the Governor June 20, 2003.  Effective September 1, 2003.
HB 1473 Hartnett Relating to probate matters. Key Legislation:  This is Real Estate, Probate and Trust Law Section legislation.  It would make several changes affecting decedents' estates.  Click here for analysis.  See also SB 577 Passed the House May 10, 2003.  Passed the Senate without amendments May 28, 2003.  Sent to the Governor May 31, 2003.  Signed by the Governor June 20, 2003.  Effective September 1, 2003.
HB 1475 Hartnett Relating to the enforcement of an agreement between spouses to convert separate property to community property. Passed the House April 25, 2003.  Failed to pass.
HB 1488 Martinez Fischer Relating to the records and seal of a notary public. This bill would require a "retiring" notary public to deliver his or her record books to the county clerk and pay a $15 filing fee. Failed to pass.
HB 1497 Dutton Relating to the requirements of a petition to adopt an adult. This bill permits an adult to be adopted by one spouse or both spouses (in other words, the adopting person could be married but his or her spouse would not become an adoptive parent).  Passed the House May 16, 2003.  Passed the Senate without amendments May 28, 2003.  Sent to the Governor May 31, 2003.  Signed by the Governor June 20, 2003.  Effective June 20, 2003.

HB 1501 through HB 2000

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Author

Caption

Comments/Description

HB 1539 Naishtat Relating to associate judges for statutory probate courts. Key Legislation:  This bill would change the name of "probate masters" to "associate judges" and do away with the requirement that all litigants in certain cases must consent in writing to having an associate judge hear a contested trial on the merits (instead, a timely objection is required).  It  also permits associate judges to hear jury trials unless a party timely objects.  Click here for analysis. Passed the House April 25, 2003.  Passed the Senate without  amendments May 22, 2003.  Sent to the Governor May 27, 2003.
HB 1561 Eiland Relating to nonforfeiture amounts of certain annuities. Failed to pass.
HB 1590 Paxton Relating to multiple-party accounts. Permits persons "on" a multi-party account who are not "owners" of the account to pledge the account to secure a debt.  (An amendment in the House requires notice of the pledge to be given to all parties to the account.)  "Convenience signers" cannot pledge the account. Passed the House April 25, 2003.  Passed the Senate with amendments May 28, 2003.  House concurs in Senate amendments May 30, 2003.  Sent to the Governor June 2, 2003.  Signed by the Governor June 20, 2003.  Effective September 1, 2003.
HB 1613 Riddle Relating to the offense of aggravated sexual assault against a disabled individual. See also SB 837. Failed to pass.
HB 1637 Oliveira Relating to the formation, organization, management, and records of certain business organizations. Section 20 of this bill amends the Texas Revised Partnership Act to provide that a partner owes a duty of loyalty and a duty of care not only to the partnership and to the other partners but also to the transferee of a deceased partner's interest.  Passed the House April 23, 2003.  Passed the Senate with amendments May 20, 2003.  House concurs in Senate amendments May 22, 2003.  Sent to the Governor May 27, 2003.  Signed by the Governor June 20, 2003.  Effective September 1, 2003.
HB 1665 Thompson Relating to payments to certain grandparents who provide care for children whose parents are deceased. Failed to pass.
HB 1666 Hartnett Relating to the courts that may approve a transfer of payment rights under certain structured settlements. Adds "statutory probate court" to the list of courts which can approve the transfer of payment rights under a structured settlement.  Passed the House April 3, 2003.  Passed the Senate without amendments May 22, 2003.  Sent to the Governor May 24, 2003.  Signed by the Governor June 20, 2003.  Effective June 20, 2003.
HB 1709 Casteel Relating to the settlement of the guardianship of the estate of a ward. This bill requires the guardian to file a sworn affidavit on closing of a guardianship within 60 days of the date on which the guardianship is required to be settled. Passed the House April 25, 2003.  Passed the Senate without amendments May 28, 2003.  Sent to the Governor May 31, 2003.   Signed by the Governor June 20, 2003.  Effective September 1, 2003.
HB 1743 Delisi Relating to prevention of fraud and abuse under the medical assistance program; creating an offense. Passed the House April 14, 2003.  Passed the Senate with amendments May 28, 2003.  House concurs in Senate amendments May 30, 2003.  Sent to the Governor June 2, 2003.  Signed by the Governor June 18, 2003.  Effective September 1, 2003.
HB 1781 Casteel Relating to the venue in the prosecution of the offense of misapplication of trust funds. Failed to pass.
HB 1787 Naishtat Relating to the transfer of money appropriated to provide care for certain persons in nursing facilities to provide community-based services to those persons. Failed to pass.
HB 1795 Wohlgemuth Relating to the creation and dissolution of a covenant marriage. Failed to pass.
HB 1815 Goodman Relating to court-ordered representation in suits affecting the parent-child relationship. Passed the House April 30, 2003.  Passed the Senate without amendments May 27, 2003.  Sent to the Governor  May 29, 2003.   Signed by the Governor June 18, 2003.  Effective September 1, 2003.
HB 1879 Dutton Relating to the establishment and adjudication of certain parent-child relationships. Failed to pass.
HB 1892 King Relating to collection of civil damages awarded against certain nursing institutions. Failed to pass.
HB 1944 Hartnett Relating to the compensation of a statutory probate court judge while assigned as a visiting judge. Passed the House April 3, 2003. Failed to pass.
HB 1945 Hartnett Relating to certain fees collected by clerks of county courts and statutory county courts. Passed the House May 6, 2003.  Passed the Senate without amendments May 28, 2003.  Sent to the Governor May 31, 2003.  Signed by the Governor June 20, 2003.  Effective September 1, 2003.
HB 1967 Uresti Relating to diverting persons with mental health disorders, mental retardation, or substance abuse problems from incarceration in certain counties. See also SB 1145. Failed to pass.
HB 1971 Uresti Relating to convictions barring employment in certain facilities serving the elderly or persons with disabilities. Passed the House April 25, 2003.  Passed the Senate with amendments May 28, 2003.  House concurs in Senate amendments May 30, 2003.  Sent to the Governor June 2, 2003.   Signed by the Governor June 20, 2003.  Effective September 1, 2003.
HB 1985 Casteel Relating to the immunity of guardians ad litem in guardianship proceedings from liability for certain damages. This bill would provide a guardian ad litem with immunity from civil liability in a guardianship for a recommendation made or an opinion given, unless he or she was willfully wrongful or grossly negligent.  Passed the House May 10, 2003.  Passed the Senate without amendments May 23, 2003.  Sent to the Governor May 27, 2003.   Signed by the Governor June 20, 2003.  Effective September 1, 2003.

HB 2001 through HB 2500

Click on Bill # for More Info

Author

Caption

Comments/Description

HB 2014 Keel and Gallego Relating to the determination of incompetency in criminal cases. Laid on the table subject to call. Failed to pass.
HB 2054 Christian Relating to TANF and Medicaid benefits for additional children born to TANF recipients. Failed to pass.
HB 2111 Homer Relating to presumed consent to human organ donation. This bill would provide that persons over 18 years old are presumed to consent to organ donation unless they have filed a statement to the contrary with a registry to be maintained by the Texas Department of Health. Failed to pass.
HB 2142 Naishtat Relating to medical assistance in certain alternative community-based care settings. Failed to pass.
HB 2189 Rodriguez Relating to temporary guardianship procedures. Key Legislation:  This bill would require the filing of an application and appointment of an attorney ad litem before a temporary guardianship can be granted. Passed the House April 25, 2003.  Passed the Senate as amended May 28, 2003.  House concurs in Senate amendments May 30, 2003.  Sent to the Governor June 2, 2003.  Signed by the Governor June 18, 2003.  Effective September 1, 2003.
HB 2238 Paxton Relating to multi-party accounts. Key Legislation:  This bill makes changes to the "convenience account" and provisions for "convenience signers." Passed the House April 25, 2003.  Passed the Senate without amendments May 22, 2003.  Sent to the Governor May 27,  2003.   Signed by the Governor June 20, 2003.  Effective September 1, 2003.
HB 2239 Paxton Relating to the applicability of the rule against perpetuities to trusts. Key Legislation:  This would permit noncharitable trusts to last for 1,000 years.  Click here for analysis.   See also HJR 77, SB 534 and  SJR 26. Failed to pass.
HB 2240 Paxton Relating to adoption of the Uniform Prudent Investor Act. Key Legislation:  This is Real Estate, Probate and Trust Law Section legislation.  It would change the Trust Code default investment standard.  Click here for analysis.  See also SB 575 Passed the House May 1, 2003.  Passed the Senate with amendments May 28, 2003.  House concurs in Senate amendments May 30, 2003.  Sent to the Governor June 2, 2003.   Signed by the Governor June 20, 2003.  Effective January 1, 2004.
HB 2241 Paxton Relating to adoption of the Uniform Principal and Income Act. Key Legislation:  This is Real Estate, Probate and Trust Law Section legislation.  It would change the Trust Code default rules for allocating receipts and disbursements between principal and income.   Click here for analysis.  See also SB 573 Passed the House April 30, 2003.  Passed the Senate with amendments May 28, 2003.  House concurs in Senate amendments May 30, 2003.  Sent to the Governor June 3, 2003.   Signed by the Governor June 20, 2003.  Effective January 1, 2004.
HB 2292 Wohlgemuth, Heflin Relating to the provision of health and human services in this state, including the powers and duties of the Health and Human Services Commission and other state agencies; providing penalties. Section 2.17 of this long bill apparently provides statutory authority to end Texas's refusal to implement federally mandated Medicaid estate recovery requirements, meaning that houses which are protected from seizure while the Medicaid recipient is alive will be vulnerable to seizure and sale to pay back Medicaid after the recipient's death.  Sent to the Governor June 4, 2003.  Signed by the Governor June 10, 2003.  Effective September 1, 2003.
HB 2325 Naishtat Relating to reports and investigations of abuse and neglect in nursing facilities. Failed to pass.
HB 2374 Phillips Relating to the affirmative defense of insanity. Failed to pass.
HB 2387 Casteel Relating to the appointment of an attorney to represent the interests of a proposed ward in certain guardianship proceedings. This bill would allow the proposed ward to, in essence, pick his attorney ad litem. Failed to pass.
HB 2408 Riddle Relating to the prosecution and punishment of injury to a child, elderly individual, or disabled individual. Failed to pass.
HB 2425 McCall Relating to state and certain local fiscal matters; making an appropriation. The final version of this bill contained no significant franchise tax law change, although the Senate Finance Committee version would have subjected corporations holding limited partnership interests to the franchise tax in some situations.  Passed the House May 10, 2003.  Passed the Senate with amendments May 27, 2003.  House concurs in Senate amendments May 29, 2003.  Sent to the Comptroller June 4, 2003.  Sent to the Governor June 16, 2003.  Signed by the Governor, but with a line-item veto June 20, 2003.
HB 2431 Hartnett Relating to jurisdiction of courts with respect to guardianship proceedings. Key Legislation:  This bill would tinker with the "extra" jurisdiction that statutory probate courts have in guardianship cases.  Click here for analysis.  See HB 1470.  Failed to pass.
HB 2432 Hartnett Relating to jurisdiction of courts with respect to probate proceedings. Key Legislation:  This bill would tinker with the "extra" jurisdiction that statutory probate courts have in probate cases.  Click here for analysis. See HB 1473.  Failed to pass.
HB 2479 Olivo Relating to criteria for voluntary admission to state schools for persons with mental retardation. Failed to pass.

HB 2501 through HB 3000

Click on Bill # for More Info

Author

Caption

Comments/Description

HB 2521 Rodriguez Relating to the execution of an out-of-hospital do-not-resuscitate order on behalf of a minor. Failed to pass.
HB 2532 Turner Relating to the use of federal estate tax provisions in determining the application of the Texas estate tax to certain transfers of property. Key Legislation:  This bill would "turn back the clock" on the state "soak-up" inheritance tax to December 31, 2000, attempting to make the phase-out of the state death tax credit inapplicable.  If an estate is not taxable at the federal level, the bill would provide an administrative structure for collecting the tax.  Click here for analysis.  See also SB 1149. Failed to pass.
HB 2547 Bonnen Relating to the calculation of the ad valorem taxes due on the residence homestead of an elderly person. Failed to pass.
HB 2552 Telford Relating to the transfer of or assignment of a statutory probate court judge to hear certain probate matters. Key Legislation:  This bill would amend the provisions in Probate Code Section 5 regarding transfer of contested cases from a constitutional county court to require or permit the transfer only if the county judge is not a lawyer.  Click here for analysis. Failed to pass.
HB 2609 Coleman Relating to the establishment of mental health court programs. Passed the House May 6, 2003.  Passed the Senate without amendments May 28, 2003.  Sent to the Governor May 31, 2003.   Signed by the Governor June 20, 2003.  Effective September 1, 2003.
HB 2679 Hartnett Relating to the authority of a guardian of the person of a ward to transport the ward to an inpatient mental health facility and file for emergency detention under certain circumstances and to consent to the administration of certain medication. Key Legislation:  This would permit the guardian to "voluntarily" commit a ward for inpatient psychiatric evaluation and care in some cases.  See also SB 1450 Passed the House May 6, 2003.  Passed the Senate with amendments May 20, 2003.  House concurs in Senate amendments May 22, 2003.  Sent to the Governor May 24, 2003.   Signed by the Governor June 20, 2003.  Effective September 1, 2003.
HB 2680 Hartnett Relating to civil liability of and liability insurance for certain nursing institutions. Failed to pass.
HB 2689 Keffer, Jim Relating to the practice of law. This bill creates an exception for acts related to mineral leases conducted by non-lawyers, providing that these actions are not the practice of law.  Passed the House April 25, 2003.  Passed the Senate without amendments May 22, 2003.  Sent to the Governor May 27, 2003.   Signed by the Governor June 20, 2003.  Effective June 20, 2003.
HB 2705 Coleman Relating to the state Medicaid program. Failed to pass.
HB 2836 Brown, Betty Relating to general provisions proceedings for court ordered mental health services. This bill would require judges to use real time audio and video facilities if available when conducting hearings for court ordered mental health services to reduce travel expenses. Failed to pass.
HB 2837 Brown, Betty Relating to general provisions proceedings for court ordered mental health services. This bill would require judges to use real time audio and video facilities if available when conducting hearings for court ordered mental health services to reduce travel expenses. Failed to pass.
HB 2838 Brown, Betty Relating to general provisions proceedings for court ordered mental health services. This bill would require judges to use real time audio and video facilities if available when conducting hearings for court ordered mental health services to reduce travel expenses. Failed to pass.
HB 2852 Wohlgemuth Relating to the appointment of the Department of Protective and Regulatory Services to serve as a temporary or permanent guardian for a ward. See also SB 1410. Failed to pass.
HB 2930 Lewis Relating to the confidentiality of and access to certain personal information contained in instruments recorded with a county clerk. This bill requires any instrument signed on or after January 1, 2004, conveying an interest in real property to or from an individual to contain a special notice regarding confidentiality of certain information in order for the instrument to be recordable.  Sent to the Governor May 29, 2003.   Signed by the Governor June 20, 2003.  Effective September 1, 2003.
HB 2979 Goolsby Relating to the right of an adopted person to have access to the person's original birth certificate. Failed to pass.
HB 2983 Hupp Relating to the administration of certain psychoactive medications to a child. Failed to pass.

HB 3001 up

Click on Bill # for More Info

Author

Caption

Comments/Description

HB 3009 Capelo Relating to certain advance directives for medical treatment and medical treatment decisions. This bill does not change any of the statutory disability planning forms.  It focuses on what happens when the physician refuses to honor the directions given.  See also SB 1320Passed the House May 16, 2003. Failed to pass.
HB 3055 Deshotel Relating to certain probate fees. Key Legislation:  This bill would return to the days of having to pay $3 for the first page and $2 for each additional page of each document filed after the earlier of inventory approval or 120 days after the initial filing.  Click here for analysis. Failed to pass.
HB 3110 Dunnam Relating to distribution of organ donor cards to a person applying for or renewing a driver's license. Failed to pass.
HB 3146 Wilson Relating to franchise tax reform. This bill would redefine "corporation" to include LLCs and limited partnerships, thus making these entities subject to the franchise tax.  It appears there may be a deduction for a natural person's partnership distributive share. Failed to pass.
HB 3189 Uresti Relating to the inspection of, and enforcement of laws relating to, nursing homes and intermediate care facilities. Failed to pass.
HB 3228 Rose Relating to limiting the amount of county and municipal ad valorem taxes that may be imposed on the residence homestead of a disabled person. Failed to pass.
HB 3234 Smith, Todd Relating to exempting college savings plan accounts from attachment, execution, and seizure for the satisfaction of debts. Key Legislation:  This bill would protect 529 plans from creditors' claims.  Click here for analysis.  See SB 1588 Failed to pass.
HB 3263 Ritter Relating to taxes administered by the comptroller of public accounts. ?? Text unavailable. Failed to pass.
HB 3417 Marchant Relating to the use of power of attorney in certain motor vehicle title transfers.

This bill would permit a specific power of attorney for transferring title in automobile financing situations.  It does not appear likely to have any impact on durable powers of attorney under the Probate Code.  See SB 1507. Failed to pass.

HB 3437 Rodriguez Relating to state taxes and financing schools through those taxes; providing penalties. This  bill would adopt a state income tax for individuals.  Partnerships would be required to file informational tax returns, but the tax would be at the individual level. Failed to pass.
HB 3478 Stick Relating to the civil commitment of violent offenders; providing for involuntary treatment. As filed , this bill does not appear to make a substantive change, but the caption is broad enough to warrant inclusion on this list. Failed to pass.
HB 3479 Stick Relating to the involuntary civil commitment of violent offenders; providing a procedure. As filed , this bill does not appear to make a substantive change, but the caption is broad enough to warrant inclusion on this list. Failed to pass.
HB 3480 Stick Relating to the civil commitment of pathologically violent predators; providing a penalty. As filed , this bill does not appear to make a substantive change, but the caption is broad enough to warrant inclusion on this list. Failed to pass.
HB 3481 Stick Relating to the civil commitment and treatment of pathologically violent offenders; providing a procedure. As filed , this bill does not appear to make a substantive change, but the caption is broad enough to warrant inclusion on this list. Failed to pass.
HB 3482 Stick Relating to the civil commitment of pathologically violent predators; providing a procedure. As filed , this bill does not appear to make a substantive change, but the caption is broad enough to warrant inclusion on this list. Failed to pass.
HB 3503 Hartnett Relating to trusts. Key Legislation:  This bill would  prohibit most exculpation provisions in 142 and 867 trusts.  Click here for analysis.  Passed the House May 6, 2003.  Passed the Senate with amendments May 28, 2003.  House concurs in Senate amendments May 30, 2003.  Sent to the Governor June 2, 2003.   Signed by the Governor June 20, 2003.  Effective September 1, 2003.
(HB 3540 not filed last time checked; bills checked through HB 3550))      

SJRs

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Author

Caption

Comments/Description

SJR 1 through SJR 5 not filed at the time they were last checked)      
SJR 13 Ellis, Rodney Proposing a constitutional amendment relating to the use of income and appreciation of the permanent school fund. This constitutional amendment would adopt unitrust (total return trust) principles to determine the spendable portion of the permanent school fund.  Enabling legislation is SB 206.    Passed the Senate May 9, 2003.   Failed to pass.
SJR 26 Carona Proposing a constitutional amendment to remove the prohibition against perpetual trusts. Key Legislation:  This would end the constitutional prohibition of perpetual trusts.  Click here for analysis.   See also SB 534, HB 2239 and HJR 77.
SJR 35 Duncan Proposing a constitutional amendment relating to making distributions from the permanent school fund to the available school fund and creating the education excellence supplemental fund. Would adopt a  unitrust approach for expending funds from the permanent school fund.  This is not a trust bill, but it is interesting in light of the development of trust law in this area.  See also HJR 66.
SJR 36 Shapleigh Proposing a constitutional amendment relating to distributions from the permanent school fund. See also SJR 35 and HJR 66.
SJR 62 Van de Putte Proposing a constitutional amendment to prohibit an increase in the total amount of school district ad valorem taxes that may be imposed on the residence homestead of a disabled person.  
(Checked through SJR 62)      

SB 1 through SB 500

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Caption

Comments/Description

(SB 2, SB 3, SB 5 and SB 6 not filed at the time they were last checked)      
SB 7 Wentworth Relating to the recognition of a same-sex marriage or civil union. Passed the Senate April 15, 2003.  Passed the House as amended April 30, 2003.  Senate concurs in House amendments May 13, 2003.  Sent to the Governor May 16, 2003.  Signed by the Governor May 28, 2003.  Effective September 1, 2003.
(SB 8, SB 9 and SB 17 through SB 25 not filed at the time they were last checked)      
SB 59 Zaffirini Relating to the management of behavior of residents of certain facilities. Passed the Senate April 16, 2003.  Failed to pass.
SB 62 Zaffirini Relating to the next of kin's or guardian's right to request an autopsy on the death of a resident of a convalescent or nursing home.  Failed to pass.
SB 137 Ellis, Rodney Relating to certain life insurance policies insuring the life of an employee or other third parties. This prohibits a corporation being made beneficiary of a life insurance policy on its employee, unless the employee is an officer or stockholder of the corporation.  The Senate Committee Substitute addresses some concerns about legitimate uses of employer-owned life insurance.  Related legislation:  HB 152; HB 978Passed the Senate May 15, 2003.  Failed to pass.
SB 151 Jackson Relating to the recognition of foreign adoptions and the issuance of a supplementary birth certificate. Passed the Senate March 6, 2003.  Passed the House April 25, 2003.  Sent to the Governor April 30, 2003.  Signed by the Governor May 12, 2003.  Effective September 1, 2003.
SB 160 Nelson Relating to human organ donation education and distribution. Passed the Senate May 1, 2003.  Passed the House with amendments May 25, 2003. Conference Committee appointed.  Conference Committee Report adopted June 1, 2003.  Sent to the Governor June 5, 2003.   Signed by the Governor June 20, 2003.  Effective September 1, 2003.
SB 174 Nelson Relating to the confidentiality of information in an application for a marriage license. This bill requires the county clerk to keep confidential the social security numbers of applicants for marriage licenses.  Passed the Senate April 10, 2003.  Passed by the House without amendment May 16, 2003.  Sent to the Governor May 22, 2003.  Signed by the Governor June 20, 2003.  Effective September 1, 2003.
SB 205 Ellis, Rodney Relating to information provided before corneal tissue removal.  Failed to pass.
SB 206 Ellis, Rodney Relating to the composition of the permanent school fund and the available school fund and to transfers from the permanent school fund to the available school fund. Passed the Senate May 9, 2003.  Passed the House with amendments May 28, 2003.  Senate concurs in House amendments May 30, 2003.  Sent to the Governor June 3, 2003.  Signed by the Governor June 18, 2003.  Effective January 1, 2004, if constitutional amendment (HJR 68) passes.
SB 230 Ellis, Rodney Relating to reporting charitable gifts by certain insurance companies.  Failed to pass.
SB 247 Zaffirini Relating to a lifetime care task force for certain persons with disabilities.  Failed to pass.
SB 262 Carona Relating to the continuation of the Texas Department on Aging. See also HB 493.  Failed to pass.
SB 272 Jackson Relating to the continuation and functions of the State Bar of Texas. This appears to be the State Bar of Texas Sunset Bill, in case you are interested.  See also HB 599.   Failed to pass.
(SB 288, SB 289 and SB 290 not filed at the time they were last checked)      
SB 300 Shapleigh Relating to regulation of perpetual care cemeteries.  Failed to pass.
SB 306 Carona Relating to the cremation of human remains; providing a penalty.  Failed to pass.
SB 312 Harris Relating to civil liability of and liability insurance for certain nursing institutions.  Failed to pass.
SB 313 Harris Relating to collection of civil damages awarded against certain nonprofit institutions. Passed the Senate March 27, 2003.  Passed the House as amended May 6, 2003.  Senate concurs in House amendments May 14, 2003.  Sent to the Governor May 16, 2003.  Signed by the Governor May 28, 2003.  Effective May 28, 2003.
SB 427 Lindsay Relating to authorizing the state to contract with certain local governmental entities to provide Medicaid eligibility determination services.  Failed to pass.
SB 471 Ellis, Rodney Relating to the regulation of crematories, cemeteries, and funeral homes; providing a penalty.  Failed to pass.

SB 501 through SB 1000

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Author

Caption

Comments/Description

SB 534 Carona Relating to the applicability of the rule against perpetuities to trusts. Key Legislation:  This would permit noncharitable trusts to last for 1,000 years.  Click here for analysis.   See also HJR 77, HB 2239 and  SJR 26.
SB 552 Harris Relating to the period for which a court may order temporary inpatient mental health services for certain persons.  Failed to pass.
SB 573 Harris Relating to adoption of the Uniform Principal and Income Act. Key Legislation:  This is Real Estate, Probate and Trust Law Section legislation.  It would change the Trust Code default rules for allocating receipts and disbursements between principal and income.   Click here for analysis.  See also HB 2241 Failed to pass.
SB 574 Harris Relating to the duties and removal of a trustee. Key Legislation:  This is Real Estate, Probate and Trust Law Section legislation.  It would place a 60-day deadline on trustee accountings and tinker with the trustee removal provisions.  Click here for analysis.  See also HB 1471 Failed to pass.
SB 575 Harris Relating to adoption of the Uniform Prudent Investor Act. Key Legislation:  This is Real Estate, Probate and Trust Law Section legislation.  It would change the Trust Code default investment standard.  Click here for analysis.  See also HB 2240 Failed to pass.
SB 576 Harris Relating to the exercise of powers of appointment. Key Legislation:  This is Real Estate, Probate and Trust Law Section legislation.  It would clarify how the holder of a power of appointment may exercise the power when the instrument is silent.  Click here for analysis.  See also HB 1472 Failed to pass.
SB 577 Harris Relating to probate matters. Key Legislation:  This is Real Estate, Probate and Trust Law Section legislation.  It would make several changes affecting decedents' estates.  Click here for analysis.  See also HB 1473 Failed to pass.
SB 588 Duncan Relating to liability insurance coverage for certain nursing institutions. Passed by the Senate May 15, 2003.   Failed to pass.
SB 630 Wentworth, et al Relating to the recognition of a same-sex marriage or civil union.  See  SB 7.
SB 667 Ogden Relating to the establishment or use of certain cemeteries. This bill has very narrow application.  Passed the Senate March 27, 2003.  Passed the House without amendment May 6, 2003.  Sent to the Governor May 8, 2003.  Signed  by the Governor May 20, 2003.  Effective May 20, 2003.
SB 681 Averitt Relating to the standard nonforfeiture law for certain annuities. Passed the Senate April 10, 2003.  Passed the House without amendments May 28, 2003.  Sent to the Governor May 30, 2003.  Signed by the Governor June 20, 2003.  Effective June 20, 2003.
SB 796 Shapleigh Relating to the disclosure of a customer's personal information by a financial institution. This is a pro-privacy bill that could have negative, and probably unintended, consequences, since it may limit the right of an agent under a power of attorney, a guardian or an executor to get bank information.  See also HB 56.  Failed to pass.
SB 812 Averitt Relating to the administration, operation, and regulation of credit unions. This bill has one troubling provision having to do with trust accounts without full documentation.  See also HB 1307  Failed to pass.
SB 826 Whitmire Relating to amending chapter 49, Code of Criminal Procedure, to require timely provision of notice and a report to the attorney general regarding the death of any person residing in an institution and to amending chapter 38, Penal Code, to make it a criminal offense to fail to timely provide such notice and a report; providing a criminal penalty. See also HB 1424 Passed the Senate April 10, 2003.  Passed the House with amendments May 25, 2003.  Conference Committee appointed.  Conference Committee Report adopted June 1, 2003.  Sent to the Governor June 4, 2003.   Signed by the Governor June 20, 2003.  Effective September 1, 2003.
SB 827 Whitmire Relating to amending Section 22.041, Penal Code, to make it a criminal offense to abandon or endanger an elderly individual or a disabled individual and to make it a criminal offense to fail to provide adequate food, medical care, or shelter to a child, elderly individual, or disabled individual; providing a criminal penalty. Passed the Senate April 16, 2003.   Passed the House as amended May 10, 2003.  Conference Committee report adopted May 31, 2003.  Sent to the Governor June 2, 2003.  Vetoed by the Governor June 20, 2003.
SB 837 Williams Relating to the offense of aggravated sexual assault against a disabled individual. See also HB 1613.  Passed the Senate May 1, 2003.  Passed the House without amendments May 28, 2003.  Sent to the Governor May 30, 2003.   Signed by the Governor June 20, 2003.  Effective September 1, 2003.
SB 861 Janek Relating to access to birth records under the public information law. This bill would delay the public's right to access birth records from the 50th anniversary to the 75th anniversary.  Passed the Senate April 3, 2003.  Passed the House with amendments May 23, 2003.  Senate concurs in House amendments May 28, 2003.  Sent to the Governor May 30, 2003.   Signed by the Governor June 20, 2003.  Effective September 1, 2003.
SB 897 Averitt Relating to the temporary provision of lump-sum payments to certain retiring members of the Employees Retirement System of Texas. This applies to persons eligible to retire between August 31, 2003 and September 1, 2005, inclusive.   Failed to pass.
SB 919 Whitmire Relating to the kinds of mail service that may be used under the public information law to send a notice or any other document to a person. Passed the Senate April 25, 2003.  Passed the House without amendments May 23, 2003.   Sent to the Governor May 27, 2003.   Signed by the Governor June 20, 2003.  Effective June 20, 2003.
SB 964 Shapleigh Relating to matching grants for low to moderate income families participating in the higher education savings or prepaid tuition program.  Failed to pass.

SB 1001 through SB 1500

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Author

Caption

Comments/Description

SB 1030 Shapleigh Relating to the application of the franchise tax to certain entities. Key Legislation:  This bill appears to make the franchise tax applicable to limited partnerships with non-natural-person partners.  Click here for analysis.   Failed to pass.
SB 1074 West Relating to reports and investigations of abuse and neglect in nursing facilities. Passed the Senate April 25, 2003.  Passed the House as amended May 25, 2003.  Senate concurs in House amendments May 29, 2003.  Sent to the Governor May 31, 2003.   Signed by the Governor June 20, 2003.  Effective September 1, 2003.
SB 1145 Madla Relating to programs in certain counties to divert certain persons with mental health disorders or mental retardation from incarceration to appropriate services. See also HB 1967.  Passed the Senate April 16, 2003.  Passed the House without amendments May 16, 2003.  Sent to the Governor May 22,  2003.   Signed by the Governor June 20, 2003.  Effective September 1, 2003.
SB 1149 Shapleigh Relating to the use of federal estate tax provisions in determining the application of the Texas estate tax to certain transfers of property. Key Legislation:  This bill would "turn back the clock" on the state "soak-up" inheritance tax to December 31, 2000, attempting to make the phase-out of the state death tax credit inapplicable.  If an estate is not taxable at the federal level, the bill would provide an administrative structure for collecting the tax.  Click here for analysis.  See also HB 2532 Failed to pass.
SB 1178 Harris Relating to guardianships of incapacitated persons; providing a criminal penalty. Key Legislation.  This is Real Estate, Probate and Trust Law Section legislation.  It makes a number of changes regarding guardianships, including establishing a new requirement for monthly allowances and investment plans.  See also HB 1470 Failed to pass.
SB 1198 Hinojosa Relating to investigations and decisions regarding allegations of abuse, neglect, or exploitation by employees at certain facilities.  Failed to pass.
SB 1204 Lindsay Relating to the inspection of, and enforcement of laws relating to, nursing homes and intermediate care facilities. Passed the Senate April 25, 2003.  Failed to pass.
SB 1225 Nelson Relating to the removal of a body part or tissue from decedent who died under circumstances requiring an inquest. Passed the Senate April 25, 2003.  Passed the House without amendments May 28, 2003.  Sent to the Governor May 31, 2003.   Signed by the Governor June 20, 2003.  Effective July 1, 2003.
SB 1247 Zaffirini Relating to the redirection of money appropriated to provide care for certain persons in nursing facilities to provide community-based services to those persons. See also SB 1742 Failed to pass.
SB 1320 Nelson Relating to certain advance directives for medical treatment and medical treatment decisions. This bill does not change any of the statutory disability planning forms.  It focuses on what happens when the physician or facility refuses to honor the directions given.  See also HB 3009. Passed the Senate May 8, 2003.  Passed the House with amendments May 28,  2003.  Senate concurs in House amendments June 1, 2003.  Sent to the Governor June 5, 2003.   Signed by the Governor June 20, 2003.  Effective June 20, 2003.
SB 1388 Armbrister Relating to disclosure under the public information law of certain documents filed with a county clerk. This bill appears to exempt all documents filed with the county clerk and district  clerk from rules regarding disclosure of social security numbers and personal information.  Passed the Senate May 15, 2003.  Passed the House without amendments May 28, 2003.  Sent to the Governor May 30, 2003.   Signed by the Governor June 20, 2003.  Effective June 20, 2003.
SB 1410 Deuell Relating to the appointment of the Department of Protective and Regulatory Services to serve as a temporary or permanent guardian for a ward. See also HB 2852.  Passed the Senate May 8, 2003.   Failed to pass.
(SB 1418 not filed last time checked)      
SB 1419 Janek Relating to anatomical specimens and donees of anatomical gifts. Passed the Senate April 25, 2003.  Passed the House without amendments May 28, 2003.  Sent to the Governor May 31, 2003.   Signed by the Governor June 20, 2003.  Effective September 1, 2003.
SB 1421 Janek Relating to the provision of health and human services in this state, including the powers and duties of the Health and Human Services Commission and other state agencies; providing civil and criminal penalties.  Failed to pass.
SB 1450 Harris Relating to the authority of a guardian of the person of a ward to transport the ward to an inpatient mental health facility and file for emergency detention under certain circumstances and to consent to the administration of certain medication. Key Legislation:  This would permit the guardian to "voluntarily" commit a ward for inpatient psychiatric evaluation and care in some cases.  See also HB 2679 Passed the Senate May 15, 2003.   Failed to pass.
SB 1467 Lindsay Relating to the enrollment of recipients of Supplemental Security Income in certain medical assistance programs.  Failed to pass.

SB 1501 up

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Author

Caption

Comments/Description

SB 1507 Harris Relating to the use of powers of attorney in certain motor vehicle transfers. This bill would permit a specific power of attorney for transferring title in automobile financing situations.  It does not appear likely to have any impact on durable powers of attorney under the Probate Code.  See also HB 3417 Passed the Senate May 1, 2003.  Passed the House as amended May 10, 2003.  Senate concurs in House amendments May 20, 2003.  Sent to the Governor May 22,  2003.   Signed by the Governor June 20, 2003.  Effective September 1, 2003.
SB 1588 Whitmire Relating to exempting college savings plan accounts from attachment, execution, and seizure for the satisfaction of debts. Key Legislation:  This bill would protect 529 plans from creditors' claims.   Click here for analysis.   See also HB 3234Passed the Senate April 30, 2003.  Passed the House without amendment May 7, 2003.  Sent  to Governor May 8, 2003.  Signed by the Governor May 20, 2003.  Effective September 1, 2003.
SB 1668 Averitt Relating to the sale of insurance by financial institutions employed by a trustee. Key Legislation:  This bill would permit corporate trustees to employ affiliated companies to sell insurance to the trust (i.e., allow trustees to go into the insurance business).  Passed the Senate April 16, 2003.  Failed to pass.
SB 1724 Duncan Relating to the jurisdiction of statutory county courts. Key Legislation:  This bill may have unintended consequences with respect to probate cases in county courts at law, since it purports to require an affirmative pleading as to amount in controversy, while the amount in controversy is irrelevant in most probate actions.  Click here for analysis.   Failed to pass.
SB 1742 Zaffirini Relating to the transfer of money appropriated to provide care for certain persons in nursing facilities to provide community-based services to those persons. See also SB 1247Passed the Senate May 12, 2003.   Failed to pass.
SB 1834 Staples Relating to civil commitment. Passed the Senate May 6, 2003.  Failed to pass.
SB 1853 Van de Putte Relating to the qualification of a disabled person for an exemption from ad valorem taxation on the person's residence homestead.  Failed to pass.
SB 1858 Van de Putte Relating to limiting the amount of school district ad valorem taxes that may be imposed on the residence homestead of a disabled person.  Failed to pass.
(Checked through SB 1859)      

Last Updated on July 28, 2003.

 

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