The 42 Bills That Made It -- 1997 Bills Affecting Probate And Trust Law That Were Enacted Into Law

Click here to download this list of 42 bills in WordPerfect 5.1 format

Bill Session Laws Subject Effective Date
HB 242 Chapter 1218 Permits notary public to sign documents for disabled persons September 1, 1997
HB 446 Chapter 1226 Attorneys can be paid to draft Miller (Medicaid) Trusts without disqualifying applicant September 1, 1997
HB 880 Chapter 291 Changes witness requirement on directives to physicians January 1, 1998
HB 881 Chapter 1361 Increases the priority for claims for funeral expenses and expenses of last illness from $5,000 to $15,000 September 1, 1997
HB 1126 Chapter 295 Permits the sale and management of assets worth up to $50,000 with no guardianship (up from $25,000) September 1, 1997
HB 1152 Chapter 52 Definition of a statutory probate court -- "probate" in court's name no longer qualifies September 1, 1997
HB 1314 Chapter 1375 867 Trusts: permits supplemental needs (Medicaid) trusts; attorney ad litem may apply for trust; guardian of estate may be discharged September 1, 1997
HB 1316 Chapter 434 Guardian may invest in Tomorrow Fund (state-run prepaid tuition plan) with court approval September 1, 1997
HB 1317 Chapter 1376 Missing persons no longer eligible for guardianship; new receivership proceeding enacted for missing persons September 1, 1997
HB 1865 Chapter 768 Inter vivos payment of life insurance benefits to terminally ill patients September 1, 1997
HB 1870 Chapter 769 Trust Company Act -- major recodification, plus changes to Nonprofit Corporation Act regarding charities acting as trustees September 1, 1997 (most sections)
HB 2003 Chapter 1199 Recodification of procedure for emergency intervention orders (burial, etc.) September 1, 1997
HB 2007 Chapter 540 Repeals informal probate, beefs up muniment of title September 1, 1997
HB 2078 Chapter 967 Clarifies right to choose cremation as an option for disposition of remains September 1, 1997
HB 2189 Chapter 1403 Reports by personal representatives must say that bond premiums have been paid; establishes a superpriority for administrative claims in insolvent guardianships September 1, 1997
HB 2702 Chapter 584 Extends the "free" filing period in probate matters to the earlier of the order approving the inventory or 120 days (up from 90 days) September 1, 1997
HB 2776 Chapter 793 Limits a fiduciary's environmental liability September 1, 1997
HB 3086 not available Procedure for recusal of probate judges; 2-year extension of statutory probate court jurisdiction for certain non-statutory probate courts (contra to HB 1152); legislative committee to study probate court system September 1, 1997
HB 3088 Chapter 1130 Service of citation on persons under 12 years old in heirship proceedings September 1, 1997
HB 3100 Chapter 475 Rights of the elderly September 1, 1997
HB 3135 Chapter 809 Consent to voluntary services by guardian of the person of a mentally retarded ward; repeal of Section 691 (Agency as Last Resort) September 1, 1997
HB 3306 Chapter 906 Collection of ad valorem taxes -- may impose penalty on fiduciary for nonpayment, and venue provision may affect probate proceedings January 1, 1998
SB 85 Chapter 450 Changes in procedure for surrogate decision-making for persons in ICF-MR facilities September 1, 1997
SB 208 not available Disclosure of mental health information September 1, 1997
SB 318 Chapter 924 Types of bonds permitted for guardians of the person; county guardianship programs September 1, 1997
SB 334 Chapter 7 Recodification of Title 1 of the Family Code April 17, 1997
SB 497 Chapter 1173 Amends Family Code regarding suits for support of an adult disabled child September 1, 1997
SB 504 Chapter 10 Uniform Transfer on Death Securities Registration Act -- but see SB 506 (repealing the act before its effective date) September 1, 1997
SB 506 Chapter 1302 State Bar Omnibus Probate Bill September 1, 1997
SB 586 Chapter 1033 Guardianship Advisory Board September 1, 1997
SB 620 Chapter 455 State Bar Power of Attorney Bill September 1, 1997
SB 700 Chapter 1037 Unclaimed property September 1, 1997
SB 887 Chapter 221 TUTMA (transfers to old TUGMA accounts) September 1, 1997
SB 911 Chapter 263 Amends Trust Code to limit trustee's environmental liability September 1, 1997
SB 912 Chapter 128 Permits trusts created under Property Code Section 142.005 to be modified to be "supplemental needs (Medicaid) trusts" September 1, 1997
SB 952 Chapter 225 Anatomical Gifts/Cards -- driver's license will no longer be used as organ donor cards September 1, 1997
SB 972 Chapter 1318 Declarations for mental health treatment September 1, 1997
SB 975 Chapter 498 Disclosures of health care information September 1, 1997
SB 997 Chapter 77 State Bar Guardianship Bill September 1, 1997
SB 998 Chapter 109 State Bar Trust Bill -- release or lapse of crummey power does not make holder a settlor for spendthrift purposes September 1, 1997
SB 1176 Chapter 1054 Voids bequests to attorney who prepared will unless the attorney is related to the testator September 1, 1997
SB 1304 Chapter 505 Investment of funds held in the registry of the court (including funds held in lieu of guardianship) September 1, 1997

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Copyright © 1997 by Glenn M. Karisch. This page was last revised on August 26, 1997.