By Thompson                                           H.B. No. 1083
         77R4428 MTB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the effect of a bankruptcy proceeding on a durable
 1-3     power of attorney.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter XII, Texas Probate Code, is amended by
 1-6     adding Section 487A to read as follows:
 1-7           Sec. 487A.  EFFECT OF BANKRUPTCY PROCEEDING. After execution
 1-8     of a durable power of attorney, the filing of a voluntary or
 1-9     involuntary petition in bankruptcy in connection with the
1-10     principal's debts does not revoke or terminate the agency as to the
1-11     principal's attorney in fact or agent.  Any act the attorney in
1-12     fact or agent may undertake with respect to the principal's
1-13     property is subject to the limitations and requirements of the
1-14     United States Bankruptcy Code until a final determination is made
1-15     in the bankruptcy proceeding.
1-16           SECTION 2. This Act takes effect September 1, 2001.