By Luna S.B. No. 172
74R2474 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain records of transactions conducted under durable
1-3 powers of attorney.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The Durable Power of Attorney Act (Section 481 et
1-6 seq., Texas Probate Code) is amended by adding Section 490A to read
1-7 as follows:
1-8 Sec. 490A. ACCOUNTING RECORDS. (a) The attorney in fact or
1-9 agent of a principal empowered to act for the principal with regard
1-10 to a class of transactions under a durable power of attorney or
1-11 statutory durable power of attorney shall maintain appropriate
1-12 records of each transaction, including an accounting of receipts
1-13 and disbursements.
1-14 (b) On request of the principal, the attorney in fact or
1-15 agent shall make the records available to the principal for
1-16 inspection and review. The principal is entitled to inspect and
1-17 review the records under this subsection only once each year.
1-18 (c) The attorney in fact or agent shall maintain the records
1-19 until at least the third anniversary of the date the durable power
1-20 of attorney or statutory durable power of attorney expires or is
1-21 expressly revoked by the principal.
1-22 SECTION 2. This Act takes effect September 1, 1995, and the
1-23 change in law made by this Act applies only to a durable power of
1-24 attorney or statutory durable power of attorney that is executed on
2-1 or after that date. A durable power of attorney or statutory
2-2 durable power of attorney that is executed before the effective
2-3 date of this Act is governed by the law in effect on the date the
2-4 power of attorney was executed, and that law is continued in effect
2-5 for that purpose.
2-6 SECTION 3. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended.