BILL ANALYSIS

H.B. 3331

By: Thimesch

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Constituents have raised concerns that convicted felons are disqualified from being able to serve as the executor of an estate unless they have been pardoned or have had their civil rights restored. Often, a person preparing their will chooses the executor of their estate based on their character and relationship with the person.  In most cases, the chosen executor is a family member or close friend, yet under current law, a felony conviction disqualifies anyone from that role regardless of how long it has been since that conviction or whether the convicted person has turned their life around and become an upstanding citizen. H.B. 3331 seeks to address these issues by providing for a person who has been convicted of a felony to serve as the executor of an estate.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3331 amends the Estates Code to establish that a person who is a felon convicted under the laws of the United States or of any state of the United States is not disqualified from serving as an executor of a decedent's estate if:

· the person is named as executor in the decedent's will;

· the person is otherwise qualified to serve as an executor; and

· the court approves the person serving as an executor.

The bill applies only to the estate of a decedent who dies on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.