1-1  By:  Marchant (Senate Sponsor - Rosson)                H.B. No. 840
    1-2        (In the Senate - Received from the House March 30, 1993;
    1-3  March 31,  1993, read first time and referred to Committee on
    1-4  Economic Development; April 15, 1993, reported favorably by the
    1-5  following vote:  Yeas 7, Nays 0; April 15, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Parker             x                               
    1-9        Lucio              x                               
   1-10        Ellis              x                               
   1-11        Haley                                         x    
   1-12        Harris of Dallas                              x    
   1-13        Harris of Tarrant  x                               
   1-14        Leedom             x                               
   1-15        Madla                                         x    
   1-16        Rosson             x                               
   1-17        Shapiro            x                               
   1-18        Wentworth                                     x    
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to multiple-party accounts and trust accounts at a credit
   1-22  union.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Section 6.05(a), Texas Credit Union Act (Article
   1-25  2461-6.05, Vernon's Texas Civil Statutes), is amended to read as
   1-26  follows:
   1-27        (a)  A member, including a member of a federal credit union
   1-28  doing business in this state, may designate any person or persons,
   1-29  including organizations, associations, corporations, or
   1-30  partnerships, to own share or deposit accounts with the member
   1-31  jointly, with or without the right of survivorship, or in a
   1-32  multiple-party account as that term is defined by the Texas Probate
   1-33  Code.  One or more or all of the parties to an account may make
   1-34  payments on share accounts and deposit accounts and make
   1-35  withdrawals subject to the terms of the account agreements accepted
   1-36  by the credit union.  Subject to a policy adopted by the board of
   1-37  directors, a member by written notice to the credit union may
   1-38  change or cancel a designation, change the form of the account, or
   1-39  stop or vary payment under the terms of the account.  No party,
   1-40  unless also a member, may vote, obtain loans, or hold office in the
   1-41  credit union.  Payment of part or all of an account to any one or
   1-42  more of the parties discharges, to the extent of the payment, the
   1-43  liability of the credit union to all.
   1-44        SECTION 2.  Section 6.07, Texas Credit Union Act (Article
   1-45  2461-6.07, Vernon's Texas Civil Statutes), is amended to read as
   1-46  follows:
   1-47        Sec. 6.07.  TRUST ACCOUNTS.  (a)  A credit union may issue
   1-48  shares or receive deposits:
   1-49              (1)  in a revocable trust, if:
   1-50                    (A)  a settlor is a member; or
   1-51                    (B)  a trustee or beneficiary is a member, and a
   1-52  settlor is a member of the trustee's or beneficiary's family as
   1-53  that term is defined by the board of directors in written board
   1-54  policy; or
   1-55              (2)  in an irrevocable trust, if a settlor, trustee, or
   1-56  beneficiary is a member.
   1-57        (b)  On opening a trust account, the names of the
   1-58  beneficiaries must be disclosed to the credit union.  Unless a
   1-59  beneficiary is a member, the beneficiary may not vote, obtain a
   1-60  loan, or hold office and is not required to pay an entrance fee.
   1-61  Subject to limitations imposed by this Act or a rule adopted under
   1-62  this Act, a credit union may make a fully secured loan to a
   1-63  nonmember trustee to enable or assist the trustee in performing the
   1-64  trustee's fiduciary responsibilities.
   1-65        (c)  Payment of part or all of the shares and deposits to a
   1-66  trustee or other person authorized to request present payment, to
   1-67  the extent of the payment, discharges the liability of the credit
   1-68  union to any settlor, trustee, and beneficiary.  The credit union
    2-1  does not have a duty to inquire of a trustee the reason for a
    2-2  transaction or the intended use for which funds are withdrawn or
    2-3  borrowed.
    2-4        (d)  On termination of the trust, the credit union shall pay
    2-5  funds remaining in a trust account as:
    2-6              (1)  directed by the trustee;
    2-7              (2)  prescribed by the trust agreement; or
    2-8              (3)  provided by applicable law, in the absence of
    2-9  direction from the trustee or by the trust agreement.
   2-10        (e)  The death of a trustee does not affect the ownership or
   2-11  disposition of a trust account unless:
   2-12              (1)  the trust agreement provides otherwise;
   2-13              (2)  the account is a trust account subject to Chapter
   2-14  XI, Texas Probate Code, as amended, and there is not a surviving
   2-15  trustee; or
   2-16              (3)  there is not a surviving trustee and written
   2-17  evidence of the terms of the trust does not exist.
   2-18        (f)  On the death of a trustee for a trust account described
   2-19  by Subdivision (1), (2), or (3) of Subsection (e) of this section,
   2-20  the credit union may pay out the funds:
   2-21              (1)  in accordance with the trust agreement; or
   2-22              (2)  in the absence of written evidence of the terms of
   2-23  the trust, to a beneficiary or any other person authorized by law
   2-24  to request or receive payment.  <A credit union may issue shares or
   2-25  hold deposits in the name of a member in trust for a beneficiary,
   2-26  including a minor, but no beneficiary, unless the beneficiary is
   2-27  also a member, may vote, obtain loans, hold office, or be required
   2-28  to pay an entrance fee.  Payment of part or all of the shares or
   2-29  deposits to a member shall, to the extent of the payment, discharge
   2-30  the liability of the credit union to the member and the
   2-31  beneficiary, and the credit union shall be under no further
   2-32  obligation.  If a member to or for whom shares or deposits are
   2-33  issued or held in trust dies, and the credit union has no other
   2-34  written evidence of the existence or terms of any trust, the credit
   2-35  union may pay the shares or deposits and any dividends or interest
   2-36  to the beneficiary or to the legal representative of the
   2-37  beneficiary.  Such a payment discharges the liability of the credit
   2-38  union to the extent of the payment.  If the credit union has
   2-39  written evidence of the terms of the trust, the credit union shall
   2-40  administer and distribute the shares or deposits so issued or held
   2-41  under the provisions of the trust agreement, a copy of which must
   2-42  remain on file with the credit union until termination of the
   2-43  trust.  If the credit union does not have written evidence of the
   2-44  termination or other disposition of the trust, the credit union may
   2-45  distribute the shares or deposits so issued or held under the
   2-46  provisions of the trust agreement.  Such a distribution discharges
   2-47  the liability of the credit union to the extent of the
   2-48  distribution.>
   2-49        SECTION 3.  The change in law made by Section 2 of this Act
   2-50  applies to a credit union trust account created on or after the
   2-51  effective date of this Act.  A credit union trust account created
   2-52  before the effective date of this Act is governed by the law then
   2-53  in effect, and the former law is continued for that purpose.
   2-54        SECTION 4.  The importance of this legislation and the
   2-55  crowded condition of the calendars in both houses create an
   2-56  emergency and an imperative public necessity that the
   2-57  constitutional rule requiring bills to be read on three several
   2-58  days in each house be suspended, and this rule is hereby suspended,
   2-59  and that this Act take effect and be in force from and after its
   2-60  passage, and it is so enacted.
   2-61                               * * * * *
   2-62                                                         Austin,
   2-63  Texas
   2-64                                                         April 15, 1993
   2-65  Hon. Bob Bullock
   2-66  President of the Senate
   2-67  Sir:
   2-68  We, your Committee on Economic Development to which was referred
   2-69  H.B. No. 840, have had the same under consideration, and I am
   2-70  instructed to report it back to the Senate with the recommendation
    3-1  that it do pass and be printed.
    3-2                                                         Parker,
    3-3  Chairman
    3-4                               * * * * *
    3-5                               WITNESSES
    3-6                                                  FOR   AGAINST  ON
    3-7  ___________________________________________________________________
    3-8  Name:  Jeff Huffman                              x
    3-9  Representing:  Tx Credit Union League
   3-10  City:  Dallas
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