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79R8291 CLG-F
By: Hartnett H.B. No. 2750
A BILL TO BE ENTITLED
AN ACT
relating to certain identifying information provided in connection
with a decedent's estate or guardianship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3, Texas Probate Code, is amended by
adding Subsection (nn) to read as follows:
(nn) "Identifying financial information" means a tax
identification number or information, other than an individual's
name, address, or driver's license number, that can be used to
access an account at a bank, brokerage firm, or other financial
institution, including an account number or a verification of that
account number.
SECTION 2. Chapter I, Texas Probate Code, is amended by
adding Section 36A to read as follows:
Sec. 36A. ACCESS TO CERTAIN IDENTIFYING INFORMATION
MAINTAINED IN JUDICIAL RECORDS. (a) Notwithstanding Rule 12,
Texas Rules of Judicial Administration, identifying information
maintained under Section 36(b) of this code and identifying
financial information ordered to be maintained in the judicial
records under Section 250A, 399, or 405 of this code are
confidential and may be used, inspected, or copied only by:
(1) the personal representative of the decedent;
(2) the person to whom the information pertains; or
(3) a person authorized to use, inspect, or copy the
information by a court order issued under this section.
(b) On written application, the court, with or without a
hearing, may enter an order that authorizes the following persons
to use, inspect, or copy another person's identifying financial
information or other identifying information maintained in the
judicial records of the court under Section 36(b), 250A, 399, or 405
of this code:
(1) an attorney or attorney ad litem;
(2) a party to a proceeding involving the decedent or
the decedent's estate;
(3) an heir or devisee of the decedent;
(4) law enforcement personnel; or
(5) any other person requesting access to the
information.
(c) A judge may not issue an order authorizing a person
described by Subsection (b)(5) of this section to have access to
another person's identifying financial information or other kind of
identifying information unless the judge finds that the person has
shown good cause for the use, inspection, or copying of the
information.
(d) The court may charge the applicant a reasonable fee not
to exceed actual costs for any copies provided under this section.
(e) To the extent that this section conflicts with the Texas
Rules of Judicial Administration or other rules, this section
controls. Notwithstanding Section 22.003, Government Code, the
supreme court may not amend or adopt rules in conflict with this
section.
SECTION 3. Part 1, Chapter VIII, Texas Probate Code, is
amended by adding Section 250A to read as follows:
Sec. 250A. LIMITED ACCESS TO IDENTIFYING FINANCIAL
INFORMATION. (a) On written application by the personal
representative of or a person interested in the estate, the court
may order and direct that identifying financial information of a
decedent or a decedent's estate that is required to be furnished for
purposes of the inventory under this part must be maintained in the
judicial files of the court. Identifying financial information
that is the subject of an order entered under this subsection may
not be filed with the clerk.
(b) An order issued under Subsection (a) of this section
must be accompanied by an information sheet containing the
identifying financial information referred to in the order and the
corresponding account information. As soon as practicable after
the date the judge issues the order, the personal representative
shall attach to the inventory and appraisement a statement
specifying that identifying financial information relevant to
information contained in the inventory and appraisement is being
held in the judicial records of the court.
(c) Except as otherwise provided by the court, an order
issued under Subsection (a) of this section is a standing order
applicable to any supplemental inventory and appraisement filed
under this part.
SECTION 4. Section 399, Texas Probate Code, is amended by
adding Subsection (e) to read as follows:
(e) Identifying Financial Information. (1) On written
application by the personal representative of or a person
interested in the estate, the court may order and direct that
identifying financial information of a decedent or a decedent's
estate that is required to be furnished for purposes of an annual
account required under this section must be maintained in the
judicial files of the court. Identifying financial information
that is the subject of an order entered under this subsection may
not be filed with the clerk.
(2) An order issued under Subdivision (1) of this
subsection must be accompanied by an information sheet containing
the identifying financial information referred to in the order and
the corresponding account information. As soon as practicable
after the date the court issues the order, the personal
representative shall attach to the account a statement specifying
that identifying financial information relevant to information
contained in the account is being held in the judicial records of
the court.
(3) Except as otherwise provided by the court, an
order issued under Subdivision (1) of this subsection is a standing
order that applies to all subsequent accounts filed by
representatives of estates under this section. The personal
representative must attach the statement described by Subdivision
(2) of this subsection to each subsequent account.
SECTION 5. Section 405, Texas Probate Code, is amended to
read as follows:
Sec. 405. ACCOUNT FOR FINAL SETTLEMENT OF ESTATES OF
DECEDENTS. (a) When administration of the estate of a decedent is
to be settled and closed, the personal representative of such
estate shall present to the court his verified account for final
settlement. In such account it shall be sufficient to refer to the
inventory without describing each item of property in detail, and
to refer to and adopt any and all proceedings had in the
administration concerning sales, renting or hiring, leasing for
mineral development, or any other transactions on behalf of the
estate including exhibits, accounts, and vouchers previously filed
and approved, without restating the particular items thereof. Each
final account, however, shall be accompanied by proper vouchers in
support of each item thereof not already accounted for and shall
show, either by reference to any proceedings authorized above or by
statement of the facts:
1. The property belonging to the estate which has come
into the hands of the executor or administrator.
2. The disposition that has been made of such
property.
3. The debts that have been paid.
4. The debts and expenses, if any, still owing by the
estate.
5. The property of the estate, if any, still remaining
on hand.
6. The persons entitled to receive such estate, their
relationship to the decedent, and their residence, if known, and
whether adults or minors, and, if minors, the names of their
guardians, if any.
7. All advancements or payments that have been made,
if any, by the executor or administrator from such estate to any
such person.
8. The tax returns due that have been filed and the
taxes due and owing that have been paid and a complete account of
the amount of taxes, the date the taxes were paid, and the
governmental entity to which the taxes were paid.
9. If any tax return due to be filed or any taxes due to
be paid are delinquent on the filing of the account, a description
of the delinquency and the reasons for the delinquency.
10. The personal representative has paid all required
bond premiums.
(b) On written application by the personal representative
of or any person interested in the estate, the court may order and
direct that identifying financial information of a decedent or a
decedent's estate that is required to be furnished for purposes of
the final account required under this section must be maintained in
the judicial files of the court. Identifying financial information
that is the subject of an order entered under this subsection may
not be filed with the clerk.
(c) An order issued under Subsection (b) of this section
must be accompanied by an information sheet containing the
identifying financial information referred to in the order and the
corresponding account information. As soon as practicable after
the date the court issues the order, the personal representative
shall attach to the final account a statement specifying that
identifying financial information relevant to information
contained in the final account is being held in the judicial records
of the court.
SECTION 6. Section 601, Texas Probate Code, is amended by
adding Subdivision (13-a) to read as follows:
(13-a) "Identifying financial information" means a
tax identification number or information, other than an
individual's name, address, or driver's license number, that can be
used to access an account at a bank, brokerage firm, or other
financial institution, including an account number or a
verification of that account number.
SECTION 7. Subpart I, Part 2, Chapter XIII, Texas Probate
Code, is amended by adding Section 671A to read as follows:
Sec. 671A. ACCESS TO CERTAIN IDENTIFYING INFORMATION
MAINTAINED IN JUDICIAL RECORDS. (a) Notwithstanding Rule 12,
Texas Rules of Judicial Administration, identifying information
maintained under Section 671(e) of this code and identifying
financial information ordered to be maintained in the judicial
records under Section 729A, 741, 749, or 871 of this code are
confidential and may be used, inspected, or copied only by:
(1) the guardian of the ward, if the information is
identifying information of the ward;
(2) the ward or other person to whom the information
pertains; or
(3) a person authorized to use, inspect, or copy the
information by a court order issued under this section.
(b) On written application, the court, with or without a
hearing, may enter an order that authorizes the following persons
to use, inspect, or copy another person's identifying financial
information or other identifying information maintained in the
judicial records of the court under Section 671(e), 729A, 741, 729,
or 871 of this code:
(1) an attorney, attorney ad litem, guardian, or
guardian ad litem;
(2) a party to a proceeding involving the ward or the
ward's estate;
(3) law enforcement personnel; or
(4) any other person requesting access to the
information.
(c) A judge may not issue an order authorizing a person
described by Subsection (b)(4) of this section to have access to
another person's identifying financial information or other kind of
identifying information unless the judge finds that the person has
shown good cause for the use, inspection, or copying of the
information.
(d) The court may charge the applicant a reasonable fee not
to exceed actual costs for any copies provided under this section.
(e) To the extent that this section conflicts with the Texas
Rules of Judicial Administration or other rules, this section
controls. Notwithstanding Section 22.003, Government Code, the
supreme court may not amend or adopt rules in conflict with this
section.
SECTION 8. Subpart A, Part 4, Chapter XIII, Texas Probate
Code, is amended by adding Section 729A to read as follows:
Sec. 729A. LIMITED ACCESS TO IDENTIFYING FINANCIAL
INFORMATION. (a) On written application by the ward's guardian or
a person interested in the welfare of the ward, the court may order
and direct that identifying financial information of a ward or the
ward's estate that is required to be furnished for purposes of the
inventory under this part must be maintained in the judicial files
of the court. Identifying financial information that is the
subject of an order entered under this subsection may not be filed
with the clerk.
(b) An order issued under Subsection (a) of this section
must be accompanied by an information sheet containing the
identifying financial information referred to in the order and the
corresponding account information. As soon as practicable after
the date the judge issues the order, the guardian of the estate
shall attach to the inventory and appraisement a statement
specifying that identifying financial information relevant to
information contained in the inventory and appraisement is being
held in the judicial records of the court.
(c) Except as otherwise provided by the court, an order
issued under Subsection (a) of this section is a standing order
applicable to any supplemental inventory and appraisement filed
under this part.
SECTION 9. Section 741, Texas Probate Code, is amended by
adding Subsections (h), (i), and (j) to read as follows:
(h) On written application by the ward's guardian or a
person interested in the welfare of the ward, the court may order
and direct that identifying financial information of a ward or the
ward's estate that is required to be furnished for purposes of an
annual account required under this section must be maintained in
the judicial files of the court. Identifying financial information
that is the subject of an order entered under this subsection may
not be filed with the clerk.
(i) An order issued under Subsection (h) of this section
must be accompanied by an information sheet containing the
identifying financial information referred to in the order and the
corresponding account information. As soon as practicable after
the date the court issues the order, the guardian of the estate
shall attach to the account a statement specifying that identifying
financial information relevant to information contained in the
account is being held in the judicial records of the court.
(j) Except as otherwise provided by the court, an order
issued under Subsection (h) of this section is a standing order that
applies to all subsequent accounts filed under this section. The
guardian must attach the statement described by Subsection (i) of
this section to each subsequent account.
SECTION 10. Section 749, Texas Probate Code, is amended to
read as follows:
Sec. 749. ACCOUNT FOR FINAL SETTLEMENT OF ESTATES OF WARDS.
(a) When a guardianship of the estate is required to be settled,
the guardian shall present to the court the guardian's verified
account for final settlement. In the account it shall be sufficient
to refer to the inventory without describing each item of property
in detail and to refer to and adopt any and all guardianship
proceedings that concern sales, renting or hiring, leasing for
mineral development, or any other transaction on behalf of the
guardianship estate, including an exhibit, account, or voucher
previously filed and approved, without restating the particular
items. Each final account shall be accompanied by proper vouchers
in support of each item not already accounted for and shall show,
either by reference to any proceedings authorized above or by
statement of the facts:
(1) the property, rents, revenues, and profits
received by the guardian, and belonging to the ward, during the term
of the guardianship;
(2) the disposition made of the property, rents,
revenues, and profits;
(3) the expenses and debts against the estate that
remain unpaid, if any;
(4) the property of the estate that remains in the
hands of the guardian, if any;
(5) that the guardian has paid all required bond
premiums;
(6) the tax returns the guardian has filed during the
guardianship;
(7) the amount of taxes the ward owed during the
guardianship that the guardian has paid;
(8) a complete account of the taxes the guardian has
paid during the guardianship, including the amount of the taxes,
the date the guardian paid the taxes, and the name of the
governmental entity to which the guardian paid the taxes;
(9) a description of all current delinquencies in the
filing of tax returns and the payment of taxes and a reason for each
delinquency; and
(10) other facts as appear necessary to a full and
definite understanding of the exact condition of the guardianship.
(b) On written application by the ward's guardian or any
person interested in the welfare of the ward, the court may order
and direct that identifying financial information of a ward or the
ward's estate that is required to be furnished for purposes of the
final account required under this section must be maintained in the
judicial files of the court. Identifying financial information
that is the subject of an order entered under this subsection may
not be filed with the clerk.
(c) An order issued under Subsection (b) of this section
must be accompanied by an information sheet containing the
identifying financial information referred to in the order and the
corresponding account information. As soon as practicable after
the date the court issues the order, the guardian of the estate
shall attach to the final account a statement specifying that
identifying financial information relevant to information
contained in the final account is being held in the judicial records
of the court.
SECTION 11. Section 871, Texas Probate Code, is amended by
adding Subsections (d), (e), and (f) to read as follows:
(d) On written application by the trustee of or a person
interested in the welfare of the ward, the court may order and
direct that identifying financial information of a ward or the
ward's estate that is required to be furnished for purposes of an
annual accounting required under this section must be maintained in
the judicial files of the court. Identifying financial information
that is the subject of an order entered under this subsection may
not be filed with the clerk.
(e) An order issued under Subsection (d) of this section
must be accompanied by an information sheet containing the
identifying financial information referred to in the order and the
corresponding account information. As soon as practicable after
the date the court issues the order, the trustee shall attach to the
annual account a statement specifying that identifying financial
information relevant to information contained in the account is
being held in the judicial records of the court.
(f) Except as otherwise provided by the court, an order
issued under Subsection (d) of this section is a standing order that
applies to all subsequent annual accounts filed under this section.
The trustee must attach the statement described by Subsection (e)
of this section to each subsequent account.
SECTION 12. This Act takes effect September 1, 2005.