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.