1-1     By:  Thompson (Senate Sponsor - Brown)                H.B. No. 1083
 1-2           (In the Senate - Received from the House April 2, 2001;
 1-3     April 3, 2001, read first time and referred to Committee on
 1-4     Jurisprudence; April 18, 2001, reported favorably by the following
 1-5     vote:  Yeas 5, Nays 0; April 18, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the effect of a bankruptcy proceeding on a durable
 1-9     power of attorney.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Chapter XII, Texas Probate Code, is amended by
1-12     adding Section 487A to read as follows:
1-13           Sec. 487A.  EFFECT OF BANKRUPTCY PROCEEDING. After execution
1-14     of a durable power of attorney, the filing of a voluntary or
1-15     involuntary petition in bankruptcy in connection with the
1-16     principal's debts does not revoke or terminate the agency as to the
1-17     principal's attorney in fact or agent.  Any act the attorney in
1-18     fact or agent may undertake with respect to the principal's
1-19     property is subject to the limitations and requirements of the
1-20     United States Bankruptcy Code until a final determination is made
1-21     in the bankruptcy proceeding.
1-22           SECTION 2. This Act takes effect September 1, 2001.
1-23                                  * * * * *