SRC-HRD H.B. 881 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 881
By: Arthur Reyna (Wentworth)
Jurisprudence
5-17-97
Engrossed


DIGEST 

Currently, the Texas Probate Code requires that a total of $5,000 for
funeral and last illness expenses combined be paid as the first priority
in payment of debts upon death.                                           

H.B. 881 would amend Sections 320 and 322 of the Probate Code to increase
the secured amount which is to be paid by a personal representative of an
estate for funeral expenses and expenses related to the last illness.  The
increase would provide that funeral expenses and expenses of last sickness
receive first priority for up to $15,000. 
 
PURPOSE

As proposed, H.B. 881 increase the secured amount which is to be paid by a
personal representative of an estate for funeral expenses and expenses
related to the last illness.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 320(a), Probate Code, to requires funeral
expenses and expenses of last sickness be paid first and in an amount not
to exceed $15,000, rather than $5,000.  

SECTION 2. Amends Section 322, Probate Code, to require claims against an
estate of a decedent to be classified and have priority of payment for
funeral expenses and expenses of last sickness for a reasonable amount to
be approved by the court, not to exceed a total of $15,000, rather than
$5,000.                                       

SECTION 3. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.