HBA-RBT H.B. 1508 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1508
By: Palmer
Judicial Affairs
3/2/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a person who murders another person is not legally precluded
from inheriting from the decedent's estate or holdings.  While the law
prevents payments of insurance benefits to the person convicted of
murdering the insured party, there is no provision for outlawing the
inheritance of a private estate or holdings by the person that killed the
victim.  H.B. 1508 prevents murderers from inheriting from their victims. 
  
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 41, Texas Probate Code, to require a person who
is convicted of murdering another person to forfeit any right or interest
in the victim's will, inheritance, insurance policy proceeds, or other
property.  Deletes provision which requires the proceeds of an insurance
policy to be paid as provided in the Insurance Code in the case of a
beneficiary in a life insurance policy or contract who is convicted and
sentenced as a principal or accomplice in wilfully bringing about the death
of the insured.  Provides that the proceeds of a life insurance policy or
contract shall be paid as provided by Article 21.23, Insurance Code
(Forfeiture of Beneficiary's Rights).  Makes conforming and nonsubstantive
changes. 

SECTION 2.  Amends Article 1.19, Code of Criminal Procedure, to make a
conforming change. 

SECTION 3.  Provides that this Act takes effect on the first day of the
calendar month in which 
             the constitutional amendment proposed by H.J.R. No.  52, 76th
Legislature, Regular            Session, 1999, takes effect.  If that
constitutional amendment is not approved, this 
            Act has no effect.
            
SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Emergency clause.