1997 Texas Probate Legislation Tracking Index -- Final -- As of June 22, 1997

This index provides information regarding the status of bills affecting probate, trusts and estate planning in the Texas Legislature. It is part of Ikard & Golden, P. C.'s 1997 Texas Probate Legislation web site. The session ended June 2, 1997. The index is sorted as follows:
# Bill No. Author Effective Description House Status Senate Status
1

ENACTED INTO LAW

1 HB 0242 Thompson, Senfronia 09/01/97 Signature by notary for disabled person Passed House on 4/3, House concurs in Senate amendments 5/28, signed by Governor 6/20 Passed Senate as amended 5/26
1 HB 0446 Maxey, Glen 09/01/97 Attorneys can be paid to draft Miller (Medicaid) Trusts without disqualifying applicant Passed House on 4/11 Passed Senate on 5/21. signed by Governor 6/20
1 HB 0880 Reyna, Art 01/01/98 Changes witness requirement on directives to physicians -- but see SB 414 (may be inconsistent) Passed House on 4/10 Passed Senate on 5/13, signed by Governor 5/26
1 HB 0881 Reyna, Art 09/01/97 Increases priority for funeral expenses and last Illness from $5,000 to $15,000 Passed House on 5/10 Passed Senate on 5/26, signed by Governor 6/20
1 HB 1126 Thompson, Senfronia 09/01/97 Permits sale of assets worth up to $50,000 with no guardianship (up from $25,000) Passed House on 4/18 Passed Senate on 5/12, signed by Governor 5/26
1 HB 1152 Hartnett, Will 09/01/97 Definition of statutory probate court -- "probate" in name of court no longer qualifies Passed House on 4/3 Passed Senate on 4/28,signed by Governor 5/7
1 HB 1314 Naishtat, Elliott 09/01/97 867 Trusts: supplemental needs (Medicaid) trusts are okay, attorney ad litem may apply, guardian may be discharged Passed House on 5/2 Passed Senate on 5/26, signed by Governor 6/20
1 HB 1316 Naishtat, Elliott 09/01/97 Guardian may invest in Tomorrow Fund (state-run prepaid tuition plan) Passed House on 4/11 Passed Senate on 5/15,signed by Governor 5/29
1 HB 1317 Naishtat, Elliott 09/01/97 Missing persons no longer eligible for guardianship; new receivership process enacted for missing persons Passed House on 5/10 Passed Senate on 5/26, signed by Governor 6/20
1 HB 1865 Naishtat, Elliott 09/01/97 Inter vivos payment of life insurance benefits to terminally ill patients Passed House on 5/7 Passed Senate on 5/20, signed by Governor 6/17
1 HB 1870 Marchant 09/01/97 (most sections) Trust Company Act -- major recodification, plus changes to Nonprofit Corporation Act re charities as trustees Passed House on 4/17, House concurs in Senate amendments 5/20, signed by Governor 6/17 Passed Senate as amended 5/15
1 HB 2003 Thompson, Senfronia 09/01/97 Recodification of emergency intervention order procedure (burial, etc.) Passed House on 4/25 Passed Senate on 5/12, signed by Governor 5/21
1 HB 2007 Thompson, Senfronia 09/01/97 Repeal informal probate, beef up muniment of title Passed House on 4/25 Passed Senate on 5/19, signed by Governor 5/31
1 HB 2078 Naishtat, Elliott 09/01/97 Right to request cremation Passed House on 5/7 Passed Senate on 5/26, signed by Governor 6/18
1 HB 2189 Naishtat, Elliott 09/01/97 Reports by personal representatives must say that bond premium is paid; superpriority for administrative claims in insolvent guardianship Passed House on 5/7, House concurs in Senate amendments 5/29, signed by Governor 6/20 Passed Senate as substituted 5/26
1 HB 2702 Zbranek 09/01/97 Probate fees cover everything until inventory approved or 120 days after filing, whichever first occurs Passed House on 4/25 Passed Senate on 5/19, signed by Governor 6/2
1 HB 2776 Jackson, Mike 09/01/97 Limits fiduciary's environmental liability Passed House on 5/6, House concurred in Senate amendments 5/22, signed by Governor 6/17 Passed Senate as amended on 5/20
1 HB 3086 Hartnett, Will 09/01/97 Recusal of probate judges, 2-year extension of statutory probate court jurisdiction for some non-statutory probate courts, legislative committee to study probate system Passed House on 5/2, House concurred in Senate amendments 5/24, signed by Governor 6/20 Passed Senate as amended on 5/21
1 HB 3088 Hartnett, Will 09/01/97 Service on persons under 12 years old in heirship proceeding Passed House on 4/25, House concurs in Senate amendments 5/28, signed by Governor 6/19 Passed Senate as substituted 5/26
1 HB 3100 Jones, Jesse 09/01/97 Rights of the elderly Passed House on 5/10 Passed Senate on 5/19, signed by Governor 5/30
1 HB 3135 Naishtat, Elliott 09/01/97 Consent to voluntary services by guardian of the person of mentally retarded ward; repeal of Section 691 (Agency as Last Resort) Passed House on 5/2 Passed Senate on 5/22, signed by Governor 6/17
1 HB 3306 Heflin 01/01/98 Ad valorem taxation (venue of collection suits, possible fiduciary liability) Passed House on 5/7, House concurred in Senate amendments 5/25, signed by the Governor 6/18 Passed Senate as amended 5/23
1 SB 0085 Moncrief, Mike 09/01/97 Changes in procedure for surrogate decision-making for persons in ICF-MR facilities Passed House on 5/16, signed by Governor 5/30 Passed Senate on 2/26
1 SB 0208 Haywood 09/01/97 Disclosure of mental health information Passed House on 5/16, signed by Governor 5/31 Passed Senate on 4/17
1 SB 0318 Ellis, Rodney 09/01/97 Types of bonds permitted for guardians of the person; county guardianship programs Passed House on 5/25, signed by Governor 6/18 Passed Senate on 4/17
1 SB 0334 Harris, Chris 04/17/97 Recodification of Title 1 of Family Code Passed House on 4/3, signed by Governor 4/17 Passed Senate on 3/13
1 SB 0497 Harris, Chris 09/01/97 Family Code: support of adult disabled child; standing to bring suit Passed House as amended 5/26 Passed Senate on 3/13, Senate concurs in House amendments 5/29, signed by Governor 6/20
1 SB 0504 Harris, Chris 09/01/97 Uniform Transfer on Death Security Registration Act -- but see SB 506, repealing UTDSRA Passed House as amended 4/3 Passed Senate on 3/13, Senate concurs in House amendments 4/8, signed by Governor 4/17
1 SB 0506 Harris, Chris 09/01/97 State Bar Omnibus Probate Bill Passed House as amended on 5/20 Passed Senate on 3/26, Senate concurs in House amendments 5/22, signed by Governor 6/20
1 SB 0586 Moncrief, Mike 09/01/97 Guardianship Advisory Board (attorney certification provisions deleted) Passed House as amended 5/27 Passed Senate on 4/3, Senate concurs in House amendments 5/29, signed by Governor 6/19
1 SB 0620 Harris, Chris 09/01/97 State Bar Power of Attorney Bill Passed House on 5/16, signed by Governor 5/30 Passed Senate on 4/14
1 SB 0700 Armbrister, Kenneth L. 09/01/97 Unclaimed property Passed House as amended 5/25 Passed Senate on 4/7,Senate concurs in House amendments 6/1, signed by Governor 6/19
1 SB 0887 Harris, Chris 09/01/97 TUTMA -- later transfers to old TUGMA accounts Passed House on 5/7, signed by Governor 5/23 Passed Senate on 4/10
1 SB 0911 Cain, David 09/01/97 Environmental liability of trustees under Trust Code (release of trustee provisions deleted) Passed House as amended on 5/7 Passed Senate on 4/17, Senate concurs in House amendments 5/12, signed by Governor 5/26
1 SB 0912 Cain, David 09/01/97 142 Trusts: supplemental needs (Medicaid) trusts are okay Passed House on 5/2, signed by Governor 5/19 Passed Senate on 4/3
1 SB 0952 Moncrief, Mike 09/01/97 Anatomical gifts, cards -- driver's license no longer used as donor cards Passed House on 5/7, signed by Governor 5/23 Passed Senate on 4/8
1 SB 0972 Harris, Chris 09/01/97 Declarations for mental health treatment Passed House on 5/23, signed by Governor 6/20 Passed Senate on 4/10
1 SB 0975 Madla 09/01/97 Disclosure of health care information Passed House on 5/16, signed by Governor 5/31 Passed Senate on 4/23
1 SB 0997 Harris, Chris 09/01/97 State Bar Guardianship Bill Passed House as amended on 4/25 Passed Senate on 4/3, Senate concurs in House amendments 4/29, signed by Governor 5/12
1 SB 0998 Harris, Chris 09/01/97 State Bar Trust Bill -- release or lapse of crummey power does not make holder a settlor for spendthrift purposes Passed House as amended on 4/25 Passed Senate on 4/3, Senate concurs in House amendments 4/30, signed by Governor 5/16
1 SB 1176 Whitmire, John 09/01/97 Voids bequests to attorney who prepared will unless attorney is related to testator Passed House as amended 5/28 Passed Senate on 4/17, Senate concurs in House amendments 5/30, signed by Governor 6/19
1 SB 1304 Ellis, Rodney 09/01/97 Investment of funds in registry of court (including funds held in lieu of guardianship) Passed House on 5/16, signed by Governor 5/31 Passed Senate on 4/18
2 VETOED BY GOVERNOR
2 SB 0273 Zaffirini 09/01/97 Consumer guide for senior citizens Passed House as amended on 5/16, House adopts conference committee report 5/28 Passed Senate on 3/6, Senate adopts conference committee report 5/26, vetoed by Governor 6/20
2 SB 0414 Moncrief, Mike 01/01/98 Recodification and modification of Natural Death Act, durable powers of attorney for health care Passed House as amended on 5/27, House adopted conference committee report 6/1 Passed Senate on 4/2, Senate refused to concur in House amendments 5/29, Senate adopted conference committee report 6/1, vetoed by Governor 6/20
3 DID NOT PASS
3 HB 0247 Longorio, John Amos n/a Retirement benefits after divorce are separate property Passed House on 5/7 Referred to Jurisprudence 5/9
3 HB 0400 Goodman, Toby n/a Recodifies Title I of Family Code Laid on Table Subject to Call 04/02 [no further action likely in light of passage of SB 334] No action in Senate
3 HB 0411 Thompson, Senfronia n/a Uniform Transfer on Death Security Registration Act Laid on Table Subject to Call 4/2 [no further action likely in light of passage of SB 504] No action in Senate
3 HB 0427 Pitts, Jim n/a No probate inventory required Sent to Rep. Hartnett's subcommittee of Judicial Affairs 2/19 No action in Senate
3 HB 0466 Cuellar, Henry n/a Nonprofit guardianship service center Referred to Human Services 2/4 No action in Senate
3 HB 0528 Jones, Delwin n/a Mail-in probate (probate without court hearing) Sent to Rep. Hartnett's subcommittee of Judicial Affairs 2/19 No action in Senate
3 HB 0529 Jones, Delwin n/a Sealing inventory Sent to Rep. Hartnett's subcommittee of Judicial Affairs 2/19 No action in Senate
3 HB 0849 Goodman, Toby n/a Release of trustee for investments by agent Committee substitute was considered and left pending in Civil Practices 4/1 [no further action likely in light of passage of SB 911] No action in Senate
3 HB 0850 Goodman, Toby n/a 142 trusts: supplemental needs (Medicaid) Laid on the table subject to call 5/2 [no further action likely in light of passage of SB 912] No action in Senate
3 HB 0923 Driver, Joe n/a Assignment of insurance benefits Left pending in Insurance Committee 3/10 No action in Senate
3 HB 0944 Hilderbran, Harvey n/a Ad valorem taxation of residence homestead Referred to Ways and Means 2/6 No action in Senate
3 HB 1013 West, Buddy n/a Consent for emergency care Left pending in Public Health 3/5; left pending in Public Health (again) on 4/10 No action in Senate
3 HB 1157 Hartnett, Will n/a Enlarges 5B and 608 transfers to include cases in which personal rep is party Reported favorably by Judicial Affairs, considered in Calendars 3/26 No action in Senate
3 HB 1263 Naishtat, Elliott n/a Guardianship Advisory Board; attorney certification Referred to Human Services 2/17 No action in Senate
3 HB 1313 Naishtat, Elliott n/a Jurisdiction of Travis County Probate Court/power to transfer cases Referred to Judicial Affairs 2/18 No action in Senate
3 HB 1315 Naishtat, Elliott n/a Guardianship -- attorney certification Left pending in Judicial Affairs 4/28 No action in Senate
3 HB 1334 Hochberg, Scott n/a Teacher Retirement -- change of beneficiary Passed House on 5/5 Referred to State Affairs 5/7
3 HB 1631 Solomons, Burt R. n/a Denton County Probate Court/transfers within Denton County Sent to subcommittee of Judicial Affairs 2/26 No action in Senate
3 HB 1948 Uher, D. R. n/a Requires consent of transferring court for 5B transfer Sent to Rep. Hartnett's subcommittee of Judicial Affairs 3/5 No action in Senate
3 HB 2004 Thompson, Senfronia n/a State Bar Guardianship Bill Left pending in Judicial Affairs 3/26 [no further action likely in light of passage of SB 997] No action in Senate
3 HB 2006 Thompson, Senfronia n/a State Bar Trust Bill -- crummey trusts Left pending in Judicial Affairs 3/26 [no further action likely in light of passage of SB 998] No action in Senate
3 HB 2009 Thompson, Senfronia n/a State Bar Omnibus Probate Bill Companion considered in lieu of by Judicial Affairs 4/2 [no further action likely in light of SB 506] No action in Senate
3 HB 2039 Smith, Todd n/a Trustee can change charitable beneficiary Reported favorably as substituted by Business and Industry 4/16, sent to Calendars 4/23 No action in Senate
3 HB 2270 Thompson, Senfronia n/a Unclaimed funds in registry of court Laid on the table subject to call 5/15 [no further action likely in light of passage of SB 1304] No action in Senate
3 HB 2360 Hilbert, Paul John n/a TUTMA Reported favorably without amendment by Civil Practices 4/10, considered in Local and Consent Calendars 4/22 [no further action likely in light of passage of SB 887] No action in Senate
3 HB 2361 Hilbert, Paul John n/a State Bar Power of Attorney Bill Referred to Judicial Affairs 3/11 [no further action likely in light of SB 620] No action in Senate
3 HB 2627 Delisi, Dianne White n/a Anatomical gifts, donor cards Referred to Public Health 3/13 [no further action likely in light of passage of SB 952] No action in Senate
3 HB 2910 Delisi, Dianne White n/a Insurance/divorce--reverse presumption Reported favorably as substituted by Juvenile Justice and Family Issues 5/8, sent to Calendars 5/12 No action in Senate
3 HB 2925 Coleman, Garnet F. n/a Guardianships: In-Patient Mental Health Care Referred to Judicial Affairs 3/17 [no further action likely in light of HB 2951] No action in Senate
3 HB 2936 Williams, Thomas "Tommy" n/a Allocation of income and principal (NIMCRUT) Reported favorably as substituted by Pensions and Investments 4/17, sent to Calendars 4/24 No action in Senate
3 HB 2951 Thompson, Senfronia n/a Guardianships: In-Patient Mental Health Care Passed House on 4/25 Reported favorably as substituted by Jurisprudence 5/18
3 HB 3085 Hartnett, Will n/a Reverses Huie v. DeShazo (attorney-client privilege) Referred to Judicial Affairs 3/17 No action in Senate
3 HB 3333 Hartnett, Will n/a Section 241/Compensation of personal representatives Left pending in Judicial Affairs 4/16 No action in Senate
3 HB 3432 Naishtat, Elliott n/a Order of payment of guardianship claims Reported favorably from Judicial Affairs 4/28, placed on general state calendar for 5/9 No action in Senate
3 HB 3601 Smithee n/a Retroactive charitable gift annuity bill -- Insurance Code Reported favorably as substituted by Insurance 5/5, sent to Calendars 5/10 No action in Senate
3 SB 0285 Shapiro, Florence n/a Insurance/divorce--reverse presumption No action in House Referred to Jurisprudence 1/28
3 SB 0311 Harris, Chris n/a Insurance/divorce--reverse presumption In Juvenile Justice and Family Issues, left pending 4/30 Passed Senate on 2/26
3 SB 0402 Harris, Chris n/a Probate Masters Reported favorably as substituted by Judicial Affairs 5/21 Passed Senate on 2/26
3 SB 0599 Shapiro, Florence n/a Assignment of insurance benefits No action in House Left pending in Economic Development 4/24
3 SB 0959 Sibley, David n/a Trust Company Act No action in House Referred to Economic Development 3/10 [No further action likely in light of HB 1870]
3 SB 1348 Brown, Buster n/a Transferring court's consent required for 5B and 608 transfers No action in House In Jurisprudence Committee, no action taken 4/14; no action taken 4/21
3 SB 1946 Truan, Carlos F. n/a Consent of transferring court required in some cases for 5B transfers No action in House Referred to Jurisprudence 5/6
3 SB 1948 Sibley, David n/a Retroactive charitable gift annuity bill -- Insurance Code Reported favorably by Insurance 5/19, set on House Calendar for 5/26, struck by point of order Passed Senate on 5/10
3 SB 1952 Truan, Carlos n/a 2-year exception from HB 1152 for county courts at law with statutory probate jurisdiction, legislative commission to study probate courts Referred to Judicial Affairs 5/20 [No further action in light of passage of HB 3086] Passed Senate on 5/16(with one floor amendment)


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Copyright © 1997 by Glenn M. Karisch. This page was last revised on June 22, 1997.