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.