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.