By: Bernsen S.B. No. 1640
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a provision for the payment or transfer of a person's
1-3 interest in a mutual fund account on the person's death.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 450, Texas Probate Code,
1-6 is amended to read as follows:
1-7 (a) Any of the following provisions in an insurance policy,
1-8 contract of employment, bond, mortgage, promissory note, deposit
1-9 agreement, employees' trust, retirement account, deferred
1-10 compensation arrangement, custodial agreement, pension plan, trust
1-11 agreement, conveyance of real or personal property, securities,
1-12 accounts with financial institutions as defined in Part 1 of this
1-13 chapter, mutual fund account, or any other written instrument
1-14 effective as a contract, gift, conveyance, or trust is deemed to be
1-15 nontestamentary, and this code does not invalidate the instrument
1-16 or any provision:
1-17 (1) that money or other benefits theretofore due to,
1-18 controlled, or owned by a decedent shall be paid after his death to
1-19 a person designated by the decedent in either the instrument or a
1-20 separate writing, including a will, executed at the same time as
1-21 the instrument or subsequently;
1-22 (2) that any money due or to become due under the
1-23 instrument shall cease to be payable in event of the death of the
1-24 promisee or the promissor before payment or demand; or
1-25 (3) that any property which is the subject of the
2-1 instrument shall pass to a person designated by the decedent in
2-2 either the instrument or a separate writing, including a will,
2-3 executed at the same time as the instrument or subsequently.
2-4 SECTION 2. The change in law made by this Act to Subsection
2-5 (a), Section 450, Texas Probate Code, applies to a provision for
2-6 the payment or transfer of a person's interest in a mutual fund
2-7 account on the person's death, regardless of when the provision was
2-8 executed or the account was established.
2-9 SECTION 3. This Act takes effect immediately if it receives
2-10 a vote of two-thirds of all the members elected to each house, as
2-11 provided by Section 39, Article III, Texas Constitution. If this
2-12 Act does not receive the vote necessary for immediate effect, this
2-13 Act takes effect September 1, 2001.