By:  Turner                                           S.B. No. 1571
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the compensation of a fiduciary serving as independent
    1-2  executor or independent administrator of an estate.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 241, Probate Code, is amended to read as
    1-5  follows:
    1-6        Sec. 241.  Compensation of Personal Representatives.
    1-7  (a)  Executors, administrators, and temporary administrators shall
    1-8  be entitled to receive a commission of five per cent (5%) on all
    1-9  sums they may actually receive in cash, and the same per cent on
   1-10  all sums they may actually pay out in cash, in the administration
   1-11  of the estate on a finding by the court that the executor or
   1-12  administrator has taken care of and managed the estate in
   1-13  compliance with the standards of this code; provided, no commission
   1-14  shall be allowed for receiving funds belonging to the testator or
   1-15  intestate which were on hand or were held for the testator or
   1-16  intestate at the time of his death in a financial institution or a
   1-17  brokerage firm, including cash or a cash equivalent held in a
   1-18  checking account, savings account, certificate of deposit, or money
   1-19  market account; nor for collecting the proceeds of any life
   1-20  insurance policy; nor for paying out cash to the heirs or legatees
   1-21  as such; provided, further, however, that in no event shall the
   1-22  executor or administrator be entitled in the aggregate to more than
   1-23  five per cent (5%) of the gross fair market value of the estate
    2-1  subject to administration.  If the executor or administrator,
    2-2  including a corporate executor or corporate administrator, manages
    2-3  a farm, ranch, factory, or other business of the estate, or if the
    2-4  compensation as calculated above is unreasonably low, the court may
    2-5  allow him reasonable compensation for his services, including
    2-6  unusual effort to collect funds or life insurance.  For this
    2-7  purpose, the county court shall have jurisdiction to receive,
    2-8  consider, and act on applications from independent executors.  The
    2-9  court may, on application of an interested person or on its own
   2-10  motion, deny a commission allowed by this subsection in whole or in
   2-11  part if:
   2-12        (1)  the court finds that the executor or administrator has
   2-13  not taken care of and managed estate property prudently; or
   2-14        (2)  the executor or administrator has been removed under
   2-15  Section 149C or 222 of this code.
   2-16        (b)  Unless the governing instrument specifically provides
   2-17  otherwise, the fees of a corporate fiduciary serving as independent
   2-18  executor or independent administrator of an estate will be governed
   2-19  by the fees typically charged by corporate fiduciaries for estates
   2-20  of similar size and nature in the county in which the
   2-21  administration is pending.
   2-22        (c)  A testator's authorization for a fiduciary's
   2-23  compensation as independent executor of the testator's estate that
   2-24  is to be based on a corporate fiduciary's fee schedule shall be
   2-25  valid even though such fee schedule may be or has been amended
    3-1  since the date of the testator's will.
    3-2        (d)  Definition.  In this section, "financial institution"
    3-3  means an organization authorized to do business under state or
    3-4  federal laws relating to financial institutions, including banks
    3-5  and trust companies, savings banks, building and loan associations,
    3-6  savings and loan companies or associations, and credit unions.
    3-7        SECTION 2.  The importance of this legislation and the
    3-8  crowded condition of the calendars in both houses create an
    3-9  emergency and an imperative public necessity that the
   3-10  constitutional rule requiring bills to be read on three several
   3-11  days in each house be suspended, and this rule is hereby suspended.