By Harris                                        S.B. No. 504

      75R2493 CLG-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the adoption of the Uniform Transfer On Death Security

 1-3     Registration Act.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter XI, Texas Probate Code, is amended by

 1-6     adding Part 4 to read as follows:

 1-7                 PART 4.  UNIFORM TRANSFER ON DEATH SECURITY

 1-8                              REGISTRATION ACT

 1-9           Sec. 466.  DEFINITIONS.  In this part:

1-10                 (1)  "Beneficiary form" means a registration of a

1-11     security that indicates the present owner of the security and the

1-12     intention of the owner regarding the person who will become the

1-13     owner of the security on the death of the owner.

1-14                 (2)  "Person" includes a corporation, organization,

1-15     government or governmental subdivision or agency, business trust,

1-16     estate, trust, partnership, association, and any other legal

1-17     entity.

1-18                 (3)  "Register," including its derivatives, means to

1-19     issue a certificate showing the ownership of a certificated

1-20     security or, in the case of an uncertificated security, to initiate

1-21     or transfer an account showing ownership of securities.

1-22                 (4)  "Registering entity" means a person who originates

1-23     or transfers a security title by registration, and includes a

1-24     broker maintaining security accounts for customers and a transfer

 2-1     agent or other person acting for or as an issuer of securities.

 2-2                 (5)  "Security" means a share, participation, or other

 2-3     interest in property, in a business, or in an obligation of an

 2-4     enterprise or other issuer, and includes a certificated security,

 2-5     an uncertificated security, and a security account.

 2-6                 (6)  "Security account" means:

 2-7                       (A)  a reinvestment account associated with a

 2-8     security, a securities account with a broker, a cash balance in a

 2-9     brokerage account, cash, interest, earnings, or dividends earned or

2-10     declared on a security in an account, a reinvestment account, or a

2-11     brokerage account, whether or not credited to the account before

2-12     the owner's death; or

2-13                       (B)  a cash balance or other property held for or

2-14     due to the owner of a security as a replacement for or product of

2-15     an account security, whether or not credited to the account before

2-16     the owner's death.

2-17                 (7)  "State," when referring to a part of the United

2-18     States, includes any state, district, commonwealth, territory, and

2-19     insular possession of the United States and any area subject to the

2-20     legislative authority of the United States of America.

2-21           Sec. 467.  REGISTRATION IN BENEFICIARY FORM; SOLE OR JOINT

2-22     TENANCY OWNERSHIP.  Only an individual whose registration of a

2-23     security shows sole ownership by one individual or multiple

2-24     ownership by two or more with right of survivorship, rather than as

2-25     tenants in common, may obtain registration in beneficiary form.

2-26     Multiple owners of a security registered in beneficiary form hold

2-27     as joint tenants with right of survivorship, as tenants by the

 3-1     entireties, or as owners of community property held in survivorship

 3-2     form, and not as tenants in common.

 3-3           Sec. 468.  REGISTRATION IN BENEFICIARY FORM; APPLICABLE LAW.

 3-4     A security may be registered in beneficiary form if the form is

 3-5     authorized by this part or a similar statute of the state of

 3-6     organization of the issuer or registering entity, the location of

 3-7     the registering entity's principal office, the office of its

 3-8     transfer agent, or its office making the registration, or by this

 3-9     uniform act or a similar statute of the law of the state listed as

3-10     the owner's address at the time of registration.  A registration

3-11     governed by the law of a jurisdiction in which this uniform act or

3-12     similar legislation is not in force or was not in force when a

3-13     registration in beneficiary form was made is nevertheless presumed

3-14     to be valid and authorized as a matter of contract law.

3-15           Sec. 469.  ORIGINATION OF REGISTRATION IN BENEFICIARY FORM.

3-16     A security, whether evidenced by certificate or account, is

3-17     registered in beneficiary form if the registration includes a

3-18     designation of a beneficiary to take the ownership at the death of

3-19     the owner or the deaths of all multiple owners.

3-20           Sec. 470.  FORM OF REGISTRATION IN BENEFICIARY FORM.

3-21     Registration in beneficiary form may be shown by the words

3-22     "transfer on death" or the abbreviation "TOD" or by the words "pay

3-23     on death" or the abbreviation "POD," after the name of the

3-24     registered owner and before the name of a beneficiary.

3-25           Sec. 471.  EFFECT OF REGISTRATION IN BENEFICIARY FORM.  The

3-26     designation of a TOD beneficiary on a registration in beneficiary

3-27     form does not affect ownership until the owner's death.  A

 4-1     registration of a security in beneficiary form may be canceled or

 4-2     changed at any time by the sole owner or all then surviving owners,

 4-3     without the consent of the beneficiary.

 4-4           Sec. 472.  OWNERSHIP ON DEATH OF OWNER.  On death of a sole

 4-5     owner or the last to die of multiple owners, ownership of a

 4-6     security registered in beneficiary form passes to the beneficiary

 4-7     or beneficiaries who survive all owners.  On proof of death of all

 4-8     owners and compliance with any applicable requirements of the

 4-9     registering entity, a security registered in beneficiary form may

4-10     be reregistered in the name of the beneficiary or beneficiaries who

4-11     survive the death of all owners.  Until division of the security

4-12     after the death of all owners, multiple beneficiaries surviving the

4-13     death of all owners hold their interests as tenants in common.  If

4-14     no beneficiary survives the death of all owners, the security

4-15     belongs to the estate of the deceased sole owner or the estate of

4-16     the last to die of multiple owners.

4-17           Sec. 473.  PROTECTION OF REGISTERING ENTITY.  (a)  A

4-18     registering entity is not required to offer or to accept a request

4-19     for security registration in beneficiary form.  If a registration

4-20     in beneficiary form is offered by a registering entity, the owner

4-21     requesting registration in beneficiary form assents to the

4-22     protections given to the registering entity by this part.

4-23           (b)  By accepting a request for registration of a security in

4-24     beneficiary form, the registering entity agrees that the

4-25     registration will be implemented on the death of the deceased owner

4-26     as provided by this part.

4-27           (c)  A registering entity is discharged from all claims to a

 5-1     security by the estate, creditors, heirs, or devisees of the

 5-2     deceased owner if it registers a transfer of a security in

 5-3     accordance with Section 472 of this code and does so in good faith

 5-4     reliance on the registration, on this part, and on information

 5-5     provided to it by affidavit of the personal representative of the

 5-6     deceased owner, or by the surviving beneficiary or by the surviving

 5-7     beneficiary's representatives, or other information available to

 5-8     the registering entity.  The protections of this part do not extend

 5-9     to a reregistration or payment made after a registering entity has

5-10     received written notice from a claimant to an interest in the

5-11     security objecting to implementation of a registration in

5-12     beneficiary form.  No other notice or other information available

5-13     to the registering entity affects its right to protection under

5-14     this part.

5-15           (d)  The protection provided by this part to the registering

5-16     entity of a security does not affect the rights of beneficiaries in

5-17     disputes between themselves and other claimants to ownership of the

5-18     security transferred or its value or proceeds.

5-19           Sec. 474.  NONTESTAMENTARY TRANSFER ON DEATH.  (a)  A

5-20     transfer on death resulting from a registration in beneficiary form

5-21     is effective by reason of the contract regarding the registration

5-22     between the owner and the registering entity and this part and is

5-23     not testamentary.

5-24           (b)  This part does not limit the rights of creditors of

5-25     security owners against beneficiaries and other transferees under

5-26     other laws of this state.

5-27           Sec. 475.  RIGHTS OF CREDITOR ON REGISTRATION.  (a)  A

 6-1     security registered in beneficiary form is not effective against an

 6-2     estate of a deceased party to transfer to a survivor sums that are

 6-3     otherwise needed to pay debts, taxes, and expenses of

 6-4     administration, including statutory allowances to the surviving

 6-5     spouse and minor children, if other assets of the estate are

 6-6     insufficient.

 6-7           (b)  A party, POD or TOD payee, or beneficiary who receives a

 6-8     payment from or transfer of a security registered in beneficiary

 6-9     form after the death of a deceased party is liable to account to

6-10     the deceased party's personal representative for amounts the

6-11     decedent owned beneficially immediately before the decedent's death

6-12     to the extent necessary to discharge the claims and charges

6-13     described by Subsection (a) of this section remaining unpaid after

6-14     application of the decedent's estate, but is not liable in an

6-15     amount greater than the amount that the party, POD or TOD payee, or

6-16     beneficiary received from the security.

6-17           (c)  A proceeding to assert the liability provided by

6-18     Subsection (b) of this section may not be commenced unless the

6-19     personal representative has received a written demand by a

6-20     surviving spouse, a creditor, or one acting for a minor child of

6-21     the decedent, and a proceeding may not be commenced later than two

6-22     years after the date of the death of the decedent.  Sums recovered

6-23     by the personal representative under this section shall be

6-24     administered as part of the decedent's estate.

6-25           (d)  This section does not affect the right of a financial

6-26     institution, a securities issuer, or a securities broker to make a

6-27     payment from or transfer of a security registered in beneficiary

 7-1     form according to the terms of the security or impose liability on

 7-2     the institution, issuer, or broker to the estate of a deceased

 7-3     party unless before the payment or transfer the institution,

 7-4     issuer, or broker received written notice from the personal

 7-5     representative stating the sums needed to pay debts, taxes, and

 7-6     expenses of administration.

 7-7           Sec. 476.  TERMS, CONDITIONS, AND FORMS FOR REGISTRATION.

 7-8     (a)  A registering entity offering to accept registrations in

 7-9     beneficiary form may establish the terms and conditions under which

7-10     it will receive requests for registration in beneficiary form and

7-11     for implementation of registrations in beneficiary form, including

7-12     requests for cancellation of previously registered TOD beneficiary

7-13     designations and requests for reregistration to effect a change of

7-14     beneficiary.  The terms and conditions may provide for proving

7-15     death, avoiding or resolving a problem concerning fractional

7-16     shares, designating primary and contingent beneficiaries, and

7-17     substituting a named beneficiary's descendants to take in the place

7-18     of the named beneficiary in the event of the beneficiary's death.

7-19     Substitution  may be indicated by appending to the name of the

7-20     primary beneficiary the letters "LDPS," standing for "lineal

7-21     descendants per stirpes."  This designation substitutes a deceased

7-22     beneficiary's descendants who survive the owner for a beneficiary

7-23     who fails to survive the owner, the descendants to be identified

7-24     and to share in accordance with the law of the beneficiary's

7-25     domicile at the owner's death governing inheritance by descendants

7-26     of an intestate.  Other forms of identifying beneficiaries who are

7-27     to take on one or more contingencies and rules for providing proofs

 8-1     and assurances needed to satisfy reasonable concerns by registering

 8-2     entities regarding conditions and identities relevant to accurate

 8-3     implementation of registrations in beneficiary form may be

 8-4     contained in a registering entity's terms and conditions.

 8-5           (b)  The following are illustrations of registrations in

 8-6     beneficiary form that a registering entity may authorize:

 8-7                 (1)  Sole owner--sole beneficiary:  John S Brown TOD

 8-8     (or POD) John S Brown Jr.

 8-9                 (2)  Multiple owners--sole beneficiary: John S Brown

8-10     Mary B Brown JT TEN TOD John S Brown Jr.

8-11                 (3)  Multiple owners--primary and secondary

8-12     (substituted) beneficiaries:  John S Brown Mary B Brown, JT TEN TOD

8-13     John S Brown Jr SUB BENE Peter Q Brown or John S Brown Mary B Brown

8-14     JT TEN TOD John S Brown Jr LDPS.

8-15           Sec. 477.  NOTICE OF EFFECT OF REGISTRATION.  A registering

8-16     entity shall provide to an owner requesting registration of a

8-17     security in beneficiary form a written statement describing the

8-18     legal effects of the registration not later than the date on which

8-19     the owner registers the security.  The statement is sufficient if

8-20     it is the same as or substantially similar to the following:

8-21           "On proof of death, your security in beneficiary form will be

8-22     transferred to your named beneficiary or beneficiaries without

8-23     being part of your estate under your will or by intestacy.  You

8-24     should make sure before you register your security in beneficiary

8-25     form that the registration does not conflict with any other

8-26     provision in a  document that you have authorized and signed,

8-27     including a will or trust agreement.  If you have any doubt about

 9-1     whether a conflict exists, you should seek the advice of a

 9-2     professional in the field of estate planning.  You should also note

 9-3     that registering your security in beneficiary form may not affect a

 9-4     creditor's claim against your estate or affect the estate or

 9-5     inheritance tax liability of your estate or of your beneficiary or

 9-6     beneficiaries."

 9-7           Sec. 478.  EFFECT OF CERTAIN SECURITY ACCOUNT ON COMMUNITY

 9-8     PROPERTY INTEREST.  A security account created with community

 9-9     property funds is subject to Section 15, Article XVI, Texas

9-10     Constitution, and does not alter community property rights in any

9-11     form or manner, regardless of whether the security account has been

9-12     registered in beneficiary form.

9-13           Sec. 479.  SHORT TITLE:  RULES OF CONSTRUCTION.  (a)  This

9-14     part may be cited as the Uniform Transfer on Death Security

9-15     Registration Act.

9-16           (b)  This part shall be liberally construed and applied to

9-17     promote its underlying purposes and policy and to make uniform the

9-18     laws with respect to the subject of this part among states enacting

9-19     it.

9-20           (c)  Unless displaced by the particular provisions of this

9-21     part, the principles of law and equity supplement its provisions.

9-22           Sec. 480.  APPLICATION OF ACT.  This part applies to

9-23     registrations of securities in beneficiary form made before, on, or

9-24     after September 1, 1997, by decedents dying on or after September

9-25     1, 1997.

9-26           SECTION 2.  This Act takes effect September 1, 1997.

9-27           SECTION 3.  The importance of this legislation and the

 10-1    crowded condition of the calendars in both houses create an

 10-2    emergency and an imperative public necessity that the

 10-3    constitutional rule requiring bills to be read on three several

 10-4    days in each house be suspended, and this rule is hereby suspended.