By: Conley H.B. No. 280 73R1943 CLG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to distribution of estates of decedents. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 54, Texas Probate Code, is amended to 1-5 read as follows: 1-6 Sec. 54. Judgment. The judgment of the court in a 1-7 proceeding to declare heirship shall declare the names and places 1-8 of residence of the heirs of the decedent, and their respective 1-9 shares and interests in the real and personal property of such 1-10 decedent. If the court determines that a minor heir of the 1-11 decedent has special financial needs, the court in its discretion 1-12 may award the minor a greater share or interest in the estate of 1-13 the decedent than the minor would otherwise be entitled to receive. 1-14 If the proof is in any respect deficient, the judgment shall so 1-15 state. 1-16 SECTION 2. Section 377, Texas Probate Code, is amended to 1-17 read as follows: 1-18 Sec. 377. Facts To Be Ascertained Upon Hearing. At the 1-19 hearing upon the application for partition and distribution, the 1-20 court shall ascertain: 1-21 (a) The residue of the estate subject to partition and 1-22 distribution, which shall be ascertained by deducting from the 1-23 entire assets of such estate remaining on hand the amount of all 1-24 debts and expenses of every kind which have been approved or 2-1 established by judgment, but not paid, or which may yet be 2-2 established by judgment, and also the probable future expenses of 2-3 administration. 2-4 (b) The persons who are by law entitled to partition 2-5 and distribution, and their respective shares. If the court 2-6 determines that a minor heir of the decedent has special financial 2-7 needs, the court in its discretion may award the minor a greater 2-8 share or interest in the estate of the decedent than the minor 2-9 would otherwise be entitled to receive. 2-10 (c) Whether advancements have been made to any of the 2-11 persons so entitled and their nature and value. If advancements 2-12 have been made, the court shall require the same to be placed in 2-13 hotchpotch as required by the law governing intestate succession. 2-14 SECTION 3. Chapter II, Texas Probate Code, is amended by 2-15 adding Section 47A to read as follows: 2-16 Sec. 47A. DISTRIBUTION TO MINOR HEIR. Notwithstanding any 2-17 other provision of this code, a court in any proceeding under this 2-18 code relating to the partition and distribution or distribution of 2-19 a decedent's estate may award a minor heir of the decedent a 2-20 greater share or interest in the estate of the decedent than the 2-21 minor would otherwise be entitled to receive if the court 2-22 determines that the minor has special financial needs. 2-23 SECTION 4. This Act takes effect September 1, 1993, and 2-24 applies only to the distribution of the estate of a decedent who 2-25 dies on or after the effective date of this Act. The distribution 2-26 of the estate of a decedent who dies before the effective date of 2-27 this Act is covered by the law in effect when the decedent died, 3-1 and the former law is continued in effect for that purpose. 3-2 SECTION 5. The importance of this legislation and the 3-3 crowded condition of the calendars in both houses create an 3-4 emergency and an imperative public necessity that the 3-5 constitutional rule requiring bills to be read on three several 3-6 days in each house be suspended, and this rule is hereby suspended.