By Rangel                                             H.B. No. 1629
       74R3527 GCH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain community property when one spouse is
    1-3  incapacitated.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 883, Texas Probate Code, is amended to
    1-6  read as follows:
    1-7        Sec. 883.  Incapacitated Spouse.  When a husband or wife is
    1-8  judicially declared to be incapacitated, the other spouse, in the
    1-9  capacity of surviving partner of the marital partnership, acquires
   1-10  full power to manage, control, and dispose of the entire community
   1-11  estate, including the part of the community estate that the
   1-12  incapacitated spouse legally has the power to manage in the absence
   1-13  of the incapacity, without an administration.  If the court finds
   1-14  that it is in the best interest of the incapacitated spouse and
   1-15  that the other spouse would not be disqualified to serve as
   1-16  guardian under Section 681 of this code, guardianship of the estate
   1-17  of the incapacitated spouse may not be necessary when the other
   1-18  spouse is not incapacitated unless the incapacitated spouse owns
   1-19  separate property, and the guardianship will be of the separate
   1-20  property only.  The qualification of a guardian of the estate of an
   1-21  incapacitated spouse does not deprive the competent spouse of the
   1-22  right to manage, control, and dispose of the entire community
   1-23  estate as provided in this chapter.  If the court finds that it is
   1-24  in the best interest of the spouses, the court may authorize the
    2-1  competent spouse to hold that spouse's community property interest
    2-2  in a pension or retirement benefit of the incapacitated spouse as
    2-3  community property subject to the competent spouse's sole
    2-4  management, control, and disposition and free of any liabilities
    2-5  that the incapacitated spouse incurred before marriage and any
    2-6  nontortious liabilities the incapacitated spouse incurs during
    2-7  marriage.
    2-8        SECTION 2.  The importance of this legislation and the
    2-9  crowded condition of the calendars in both houses create an
   2-10  emergency and an imperative public necessity that the
   2-11  constitutional rule requiring bills to be read on three several
   2-12  days in each house be suspended, and this rule is hereby suspended,
   2-13  and that this Act take effect and be in force from and after its
   2-14  passage, and it is so enacted.