1-1 By: Luna S.B. No. 172
1-2 (In the Senate - Filed January 9, 1995; January 17, 1995,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 February 14, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 7, Nays 0; February 14, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Luna
1-7 Amend S.B. No. 172 as follows:
1-8 (1) In SECTION 1 of the bill, in proposed Section 490A,
1-9 Texas Probate Code (page 1, lines 30-31), strike the second
1-10 sentence of Subsection (b).
1-11 (2) In SECTION 1 of the bill, in proposed Subsection (c),
1-12 Section 490A, Texas Probate Code (page 1, line 33), strike "third"
1-13 and substitute "fourth".
1-14 A BILL TO BE ENTITLED
1-15 AN ACT
1-16 relating to certain records of transactions conducted under durable
1-17 powers of attorney.
1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-19 SECTION 1. The Durable Power of Attorney Act (Chapter XII,
1-20 Texas Probate Code) is amended by adding Section 490A to read as
1-21 follows:
1-22 Sec. 490A. ACCOUNTING RECORDS. (a) The attorney in fact or
1-23 agent of a principal empowered to act for the principal with regard
1-24 to a class of transactions under a durable power of attorney or
1-25 statutory durable power of attorney shall maintain appropriate
1-26 records of each transaction, including an accounting of receipts
1-27 and disbursements.
1-28 (b) On request of the principal, the attorney in fact or
1-29 agent shall make the records available to the principal for
1-30 inspection and review. The principal is entitled to inspect and
1-31 review the records under this subsection only once each year.
1-32 (c) The attorney in fact or agent shall maintain the records
1-33 until at least the third anniversary of the date the durable power
1-34 of attorney or statutory durable power of attorney expires or is
1-35 expressly revoked by the principal.
1-36 SECTION 2. This Act takes effect September 1, 1995, and the
1-37 change in law made by this Act applies only to a durable power of
1-38 attorney or statutory durable power of attorney that is executed on
1-39 or after that date. A durable power of attorney or statutory
1-40 durable power of attorney that is executed before the effective
1-41 date of this Act is governed by the law in effect on the date the
1-42 power of attorney was executed, and that law is continued in effect
1-43 for that purpose.
1-44 SECTION 3. The importance of this legislation and the
1-45 crowded condition of the calendars in both houses create an
1-46 emergency and an imperative public necessity that the
1-47 constitutional rule requiring bills to be read on three several
1-48 days in each house be suspended, and this rule is hereby suspended.
1-49 * * * * *