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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1083 was passed by the House on March
29, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1083 was passed by the Senate on May
1, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor