By:  Goodman (Senate Sponsor - Harris)                            H.B. No. 204
	(In the Senate - Received from the House March 29, 2005; 
March 30, 2005, read first time and referred to Committee on 
Jurisprudence; May 5, 2005, reported favorably by the following 
vote:  Yeas 7, Nays 0; May 5, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to inheritance rights of adopted adults.                           
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 162.507(c), Family Code, is amended to 
read as follows:  
	(c)  The adopted adult may not [retains the right to] inherit 
from or through the adult's biological parent [parents].  A 
[However, a] biological parent may not inherit from or through an 
adopted adult.
	SECTION 2.  Section 40, Texas Probate Code, is amended to 
read as follows:   
	Sec. 40.  INHERITANCE BY AND FROM AN ADOPTED CHILD.  For 
purposes of inheritance under the laws of descent and distribution, 
an adopted child shall be regarded as the child of the parent or 
parents by adoption, such adopted child and its descendants 
inheriting from and through the parent or parents by adoption and 
their kin the same as if such child were the natural child of such 
parent or parents by adoption, and such parent or parents by 
adoption and their kin inheriting from and through such adopted 
child the same as if such child were the natural child of such 
parent or parents by adoption.  The natural parent or parents of 
such child and their kin shall not inherit from or through said 
child, but, except as provided by Section 162.507(c), Family Code, 
the [said] child shall inherit from and through its natural parent 
or parents.  Nothing herein shall prevent any parent by adoption 
from disposing of his property by will according to law.  The 
presence of this Section specifically relating to the rights of 
adopted children shall in no way diminish the rights of such 
children, under the laws of descent and distribution or otherwise, 
which they acquire by virtue of their inclusion in the definition of 
"child" which is contained in this Code.
	SECTION 3.  The changes in law made by this Act apply only to 
the estate of a person who dies on or after the effective date of 
this Act.  An estate of a person who dies before the effective date 
of this Act is covered by the law in effect on the date of the 
person's death, and the former law is continued in effect for that 
purpose.
	SECTION 4.  This Act takes effect September 1, 2005.                           



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