BILL ANALYSIS



H.B. 422
By: Thompson
3-29-95
Committee Report (Unamended)


BACKGROUND

     The Uniform Transfer on Death Security Registration Act was
drafted by the National Conference of Commissioners on Uniform
State Laws in 1989.  Currently twenty states give the owners of
investment securities to transfer title to these securities on
adequate evidence of the owners death to a beneficiary outside of
the decedent probate estate.  This procedure allows such a transfer
to a specified party without the problems of joint ownership.


PURPOSE

     The purpose of this bill is to provide a mechanism to transfer
securities on the death of the owner or owners by registration of
beneficiary.


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.


SECTION BY SECTION ANALYSIS

     SECTION 1 amends Chapter XI, Texas Probate Code, by adding
Part 4 as follows:
              PART 4. UNIFORM TRANSFER ON DEATH
                  SECURITY REGISTRATION ACT
               Sec. 469. Definitions:  Beneficiary Form, Person,
                Register, Registering Entity, Security, Security Account,
                and State for the purposes of this chapter.
               Sec. 470.  Registration in Beneficiary Form; Sole
                or Joint Tenancy Ownership.  Provides that registration
                in beneficiary form may only be obtained for securities
                whose registration shows sole ownership by one individual
                or multiple ownership by two or more with right of
                survivorship, rather than as tenants in common.  Further
                provides that multiple owners of a security registered in
                beneficiary form hold as joint tenants with right of
                survivorship, as joint tenants by the entities, or as
                owners of community property held in survivorship form,
                and not as tenants in common.
               Sec. 471.  Registration in Beneficiary Form;
                Applicable Law. Provides that a security may be
                registered in beneficiary form if allowed by this part of
                the Probate Code or a similar law in an appropriate
                jurisdiction. Further provides that a registration
                governed by the law of a jurisdiction in which this
                uniform act or similar legislation is not or was not in
                effect is presumed to be valid and authorized as a matter
                of contract law.
               Sec. 472. Origination of Registration in
                Beneficiary Form. Provides that a security is registered
                in beneficiary form if the registration includes a
                designation of a beneficiary to take ownership at the
                death of the owner or all owners.
               Sec. 473.  Form of Registration in Beneficiary
                Form, Provides that Registration in beneficiary may be
                shown by  either the words "transfer on death" or "pay on
                death" or the abbreviations "TOD" or "POD" after the
                owner's name and before the beneficiary's name.
               Sec. 474.  Effect of Registration in Beneficiary
                Form.  Provides that the designation of a transfer on
                death beneficiary does not affect the ownership until the
                owner's death.  Further provides that registration of a
                security in beneficiary form may be changed or cancelled
                at any time without the beneficiary's consent.
               Sec. 475. Ownership on Death of Owner.  Provides
                that on the death of the sole owner or the last multiple
                owner that ownership of a security registered in
                beneficiary form passes to the beneficiary or
                beneficiaries on proof of the death of all owners and may
                be reregistered in the name of the beneficiaries. 
                Further provides that until the division of the security
                multiple beneficiaries hold their interest as tenants in
                common.  Also provides that if no beneficiaries survive
                the death of all owners that the security belongs to the
                estate of the deceased sole owner or the estate of the
                last to die of the multiple owners.
               Sec. 476. Protection of Registering Entity.
                    Subsec. (a) provides that a registering entity
                    is not required to offer or accept a request for
                    registration in beneficiary form.  Further
                    provides that an owner requesting an offered
                    registration in beneficiary form assents to the
                    protections given to the registering entity by
                    this Part of the Probate Code.
                    Subsec. (b) provides that by accepting a
                    request for registration of a security in
                    beneficiary form, the registering entity agrees to
                    implement the registration on the death of the
                    owner.
                    Subsec. (c) provides that a registering entity
                    is discharged from all claims to a security by the
                    estate, heirs, or devisees of the deceased owner
                    if it registers a transfer of the security in good
                    faith reliance on the registration, this part, and
                    on sworn information provided by the
                    representative of the deceased owner, the
                    surviving beneficiary or the beneficiary's
                    representative or on other information available
                    to the entity.  Further provides that the
                    protections under this part do not extend to
                    reregistration or payment made after the
                    registering entity has received written notice
                    from a claimant to an interest security objecting
                    to implementation of the registration.  Also
                    provides that no other notice or other information
                    available to the registering entity affects its
                    right to protection under this part.
                    Subsec. (d) provides that the protections
                    provided by this part to the registering entity
                    does not affect the rights of beneficiaries in
                    disputes between themselves or other claimants to
                    ownership of the security transferred or its value
                    or proceeds.
           Sec. 477.  Nontestamentary Transfer on Death.
                    Subsec. (a) provides that a transfer on death
                    resulting from a registration in beneficiary form
                    is effective because of the contract between the
                    owner and the registering entity and is not
                    testamentary.
                    Subsec. (b) provides that this part does not
                    limit the rights of creditors of the owner against
                    beneficiaries and other transferees under other
                    laws of this state.
           Sec. 478.  Terms, Conditions, and Forms for Registration.
                    Subsec. (a) provides that a registering entity
                    offering to accept registrations in beneficiary
                    form may establish a variety of terms and
                    conditions relating to registrations in compliance
                    with this subsection.
                    Subsec. (b) provides examples of forms to be
                    used for registrations under this part.
           Sec. 479.  Short Title:  Rules of Construction.
                    Subsec. (a) provides that this part may be
                    cited as the Uniform Transfer on Death Security
                    Registration Act.
                    Subsec. (b) provides that this part shall be
                    liberally construed and applied to promote its
                    underlying purposes and policy and to make uniform
                    the laws with respect to the subject of this part
                    among states enacting it.
                    Subsec. (c) provides that unless displaced by
                    the particular provisions of this part, that the
                    principles of law and equity supplement its
                    provisions.
           Sec. 480. Application of Act.
     
     SECTION 2.  Effective date.

     SECTION 3.  Emergency clause.


SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted March 8, 1995, in
accordance with House rules, the Committee on Judicial Affairs met
in a public hearing on March 14, 1995, to consider House Bill 422. 
The Chair, Rep. Hartnett, laid out H.B. 422 and recognized the
author, Rep. Thompson, to explain the bill.  The following
witnesses testified for H.B. 422:
      Debra Perelman, representing the National Conference of
     Commissioners on Uniform      State Laws, and
      Millard H. Ruud, representing the Texas Commission on Uniform
State Laws.
Alvin Golden, representing the Texas Academy of Probate Lawyers,
testified against H.B. 422.  There being no other witnesses, the
Chair moved to leave H.B. 422 pending before the Committee; there
was no objection.
     Pursuant to a public notice posted March 23, 1995, and to an
announcement made on the House Floor while the House was still in
session on March 29, 1995, the Committee on Judicial Affairs met in
a formal meeting on March 29, 1995.  H.B. 422 was pending before
the committee.  Rep. Goodman moved that H.B. 422 be reported
favorably back to the full House, without amendment, with the
recommendation that it do pass, be printed and sent to the
Committee on Calendars.  The motion prevailed by the following
record vote:  7 ayes, 0 nays, 1 PNV, and 1 absent.