1-1  By:  Thompson of Harris (Senate Sponsor - Luna)       H.B. No. 1285
    1-2        (In the Senate - Received from the House April 13, 1993;
    1-3  April 14, 1993, read first time and referred to Committee on
    1-4  Jurisprudence; May 18, 1993, reported favorably, as amended, by the
    1-5  following vote:  Yeas 4, Nays 0; May 18, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Henderson          x                               
    1-9        Harris of Tarrant  x                               
   1-10        Brown                                          x   
   1-11        Harris of Dallas                               x   
   1-12        Luna               x                               
   1-13        Parker                                         x   
   1-14        West               x                               
   1-15  COMMITTEE AMENDMENT NO. 1                                 By:  Luna
   1-16  In HB 1285, in SECTION 2, page 2, line 31, in Section 439A (b)
   1-17  delete after the word "use" and before the word "to", the words
   1-18  "the following form," and insert in their stead the following:  ",
   1-19  but shall not be required to use the following universal account
   1-20  forms with options".
   1-21  COMMITTEE AMENDMENT NO. 2                                 By:  Luna
   1-22  relating to a uniform single-party or multi-party account form and
   1-23  to convenience accounts.
   1-24        Amend Section 2 by deleting the existing subsection (c) and
   1-25  inserting therefor the following paragraph at the end of Section
   1-26  439A:
   1-27        (c)  A financial institution shall be deemed to have
   1-28  adequately disclosed the information provided in this section if
   1-29  the financial institution uses the form set forth in subsection (b)
   1-30  of this section.  If a financial institution varies the format of
   1-31  the form set forth in subsection (b) of this section, then such
   1-32  financial institution may make disclosures in the account agreement
   1-33  or in any other form which adequately discloses the information
   1-34  provided in this section.
   1-35                         A BILL TO BE ENTITLED
   1-36                                AN ACT
   1-37  relating to a uniform single-party or multiple-party account form
   1-38  and to convenience accounts.
   1-39        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-40        SECTION 1.  Part 1, Chapter XI, Texas Probate Code, is
   1-41  amended by adding Section 438A to read as follows:
   1-42        Sec. 438A.  CONVENIENCE ACCOUNT.  (a)  If an account is
   1-43  established at a financial institution by a party in the names of
   1-44  the party and a cosigner and the terms of the account provide that
   1-45  the sums on deposit are paid or delivered to the party or to the
   1-46  cosigner "for the convenience" of the party, the account is a
   1-47  convenience account.
   1-48        (b)  The making of a deposit in a convenience account does
   1-49  not affect the title to the deposit.
   1-50        (c)  The party to a convenience account is not considered to
   1-51  have made a gift of one-half of the deposit or of any additions or
   1-52  accruals to the deposit to the cosigner.
   1-53        (d)  On the death of the party, the cosigner shall have no
   1-54  right of survivorship in the account and ownership of the account
   1-55  remains in the party.
   1-56        (e)  If an addition is made to the account by anyone other
   1-57  than the party, the addition and accruals to the addition are
   1-58  considered to have been made by the party.
   1-59        (f)  All deposits to a convenience account and additions and
   1-60  accruals to the deposits may be paid to the party or to the
   1-61  cosigner.  The financial institution is completely released from
   1-62  liability for a payment made from the account before the financial
   1-63  institution receives notice in writing signed by the party not to
   1-64  make the payment in accordance with the terms of the account.
   1-65  After receipt of the notice from the party, the financial
   1-66  institution may require the party to approve any further payments
   1-67  from the account.
   1-68        (g)  If the financial institution makes a payment of the sums
    2-1  on deposit in a convenience account to the cosigner after the death
    2-2  of the party and before the financial institution has received
    2-3  written notice of the party's death, the financial institution is
    2-4  completely released from liability for the payment.  If a financial
    2-5  institution makes payment to the personal representative of the
    2-6  deceased party's estate after the death of the party and before
    2-7  service on the financial institution of a court order prohibiting
    2-8  payment, the financial institution is released to the extent of the
    2-9  payment from liability to any person claiming a right to the funds.
   2-10  The receipt by the representative to whom payment is made is a
   2-11  complete release and discharge of the financial institution.
   2-12        SECTION 2.  Part 1, Chapter XI, Texas Probate Code, is
   2-13  amended by adding Section 439A to read as follows:
   2-14        Sec. 439A.  UNIFORM SINGLE-PARTY OR MULTIPLE-PARTY ACCOUNT
   2-15  FORM.  (a)  A contract of deposit that contains provisions
   2-16  substantially the same as in the form provided by Subsection (b) of
   2-17  this section establishes the type of account selected by a party.
   2-18  The provisions of this part of Chapter XI of this code govern an
   2-19  account selected under the form, other than a single-party account
   2-20  without a P.O.D. designation.  A contract of deposit that does not
   2-21  contain provisions substantially the same as in the form provided
   2-22  by Subsection (b) of this section is governed by the provisions of
   2-23  this chapter applicable to the account that most nearly conforms to
   2-24  the depositor's intent.
   2-25        (b)  A financial institution may use the following form to
   2-26  establish the type of account selected by a party:
   2-27     UNIFORM SINGLE-PARTY OR MULTIPLE-PARTY ACCOUNT SELECTION FORM
   2-28  NOTICE:  The type of account you select may determine how property
   2-29  passes on your death.  Your will may not control the disposition of
   2-30  funds held in some of the following accounts.
   2-31  Select one of the following accounts by placing your initials next
   2-32  to the account selected:
   2-33                  ______  (1)  SINGLE-PARTY ACCOUNT WITHOUT "P.O.D."
   2-34  (PAYABLE ON DEATH) DESIGNATION.  The party to the account owns the
   2-35  account.  On the death of the party, ownership of the account
   2-36  passes as a part of the party's estate under the party's will or by
   2-37  intestacy.
   2-38                  Enter the name of the party:
   2-39                      _________________________________
   2-40                  ______  (2)  SINGLE-PARTY ACCOUNT WITH "P.O.D."
   2-41  (PAYABLE ON DEATH) DESIGNATION.  The party to the account owns the
   2-42  account.  On the death of the party, ownership of the account
   2-43  passes to the P.O.D. beneficiaries of the account.  The account is
   2-44  not a part of the party's estate.
   2-45                  Enter the name of the party:
   2-46                      _________________________________
   2-47                  Enter the name or names of the P.O.D.
   2-48  beneficiaries:
   2-49                      _________________________________
   2-50                      _________________________________
   2-51                  ______  (3)  MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT
   2-52  OF SURVIVORSHIP.  The parties to the account own the account in
   2-53  proportion to the parties' net contributions to the account.  The
   2-54  financial institution may pay any sum in the account to a party at
   2-55  any time.  On the death of a party, the party's ownership of the
   2-56  account passes as a part of the party's estate under the party's
   2-57  will or by intestacy.
   2-58                  Enter the names of the parties:
   2-59                      _________________________________
   2-60                      _________________________________
   2-61                      _________________________________
   2-62                  ______  (4)  MULTIPLE-PARTY ACCOUNT WITH RIGHT OF
   2-63  SURVIVORSHIP.  The parties to the account own the account in
   2-64  proportion to the parties' net contributions to the account.  The
   2-65  financial institution may pay any sum in the account to a party at
   2-66  any time.  On the death of a party, the party's ownership of the
   2-67  account passes to the surviving parties.
   2-68                  Enter the names of the parties:
   2-69                      _________________________________
   2-70                      _________________________________
    3-1                  ______  (5)  MULTIPLE-PARTY ACCOUNT WITH RIGHT OF
    3-2  SURVIVORSHIP AND P.O.D.  (PAYABLE ON DEATH) DESIGNATION.  The
    3-3  parties to the account own the account in proportion to the
    3-4  parties' net contributions to the account.  The financial
    3-5  institution may pay any sum in the account to a party at any time.
    3-6  On the death of the last surviving party, the ownership of the
    3-7  account passes to the P.O.D. beneficiaries.
    3-8                  Enter the names of the parties:
    3-9                      _________________________________
   3-10                      _________________________________
   3-11                  Enter the name or names of the P.O.D.
   3-12  beneficiaries:
   3-13                      _________________________________
   3-14                      _________________________________
   3-15                  ______  (6)  CONVENIENCE ACCOUNT.  The party to the
   3-16  account owns the account.  The cosigner to the account may make
   3-17  account transactions for the party.  The cosigner does not own the
   3-18  account.  On the death of the party, ownership of the account
   3-19  passes as a part of the party's estate under the party's will or by
   3-20  intestacy.  The financial institution may pay funds in the account
   3-21  to the cosigner before the financial institution receives notice of
   3-22  the death of the party.  The payment to the cosigner does not
   3-23  affect the party's ownership of the account.
   3-24                  Enter the name of the party:
   3-25                      _________________________________
   3-26                  Enter the name of the cosigner:
   3-27                      _________________________________
   3-28                  ______  (7)  TRUST ACCOUNT.  The parties named as
   3-29  trustees to the account own the account in proportion to the
   3-30  parties' net contributions to the account.  A trustee may withdraw
   3-31  funds from the account.  A beneficiary may not withdraw funds from
   3-32  the account before all trustees are deceased.  On the death of the
   3-33  last surviving trustee, the ownership of the account passes to the
   3-34  beneficiary.  The trust account is not a part of a trustee's estate
   3-35  and does not pass under the trustee's will or by intestacy, unless
   3-36  the trustee survives all of the beneficiaries and all other
   3-37  trustees.
   3-38                  Enter the name or names of the trustees:
   3-39                      _________________________________
   3-40                      _________________________________
   3-41                  Enter the name or names of the beneficiaries:
   3-42                      _________________________________
   3-43                      _________________________________
   3-44        (c)  A financial institution may combine any of the
   3-45  provisions and vary the format of the selections form and notices
   3-46  described in Subsection (b) of this section, provided that the
   3-47  customer receives adequate disclosure of the ownership rights and
   3-48  there is appropriate indication of the names of the parties.  This
   3-49  may be accomplished in a universal account form with options listed
   3-50  for selection and additional disclosures provided in the account
   3-51  agreement, or in any other manner which adequately discloses the
   3-52  information provided in this section.
   3-53        SECTION 3.  The importance of this legislation and the
   3-54  crowded condition of the calendars in both houses create an
   3-55  emergency and an imperative public necessity that the
   3-56  constitutional rule requiring bills to be read on three several
   3-57  days in each house be suspended, and this rule is hereby suspended,
   3-58  and that this Act take effect and be in force from and after its
   3-59  passage, and it is so enacted.
   3-60                               * * * * *
   3-61                                                         Austin,
   3-62  Texas
   3-63                                                         May 18, 1993
   3-64  Hon. Bob Bullock
   3-65  President of the Senate
   3-66  Sir:
   3-67  We, your Committee on Jurisprudence to which was referred H.B. No.
   3-68  1285, have had the same under consideration, and I am instructed to
   3-69  report it back to the Senate with the recommendation that it do
   3-70  pass, as amended, and be printed.
    4-1                                                         Henderson,
    4-2  Chairman
    4-3                               * * * * *
    4-4                               WITNESSES
    4-5                                                  FOR   AGAINST  ON
    4-6  ___________________________________________________________________
    4-7  Name:  Alvin J. Golden                           x
    4-8  Representing:  State Bar
    4-9  City:  Austin
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   4-11  Name:  Gayle Vickers                             x
   4-12  Representing:  Tx Bankers Assn
   4-13  City:  Austin
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   4-15  Name:  Karen M. Neeley                           x
   4-16  Representing:  Indep. Bankers Assn of Tx
   4-17  City:  Austin
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