BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 3787

80R10992 CLG-F                                                                            By: Isett, Carl et al. (Shapleigh)

                                                                                             Veteran Affairs & Military Installations

                                                                                                                                            5/10/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

From the beginning of the United States' involvement in the current military conflict until March 5, 2007, 288 Texans were killed in combat.  The families of soldiers who died in conflict are faced with beginning the costly process of probating an estate.

 

H.B. 3787 exempts the estates of soldiers killed in combat zones from filing and administrative  fees associated with probating an estate.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Chapter I, Texas Probate Code, by adding Section 11A, as follows:

 

Sec. 11A.  EXEMPTION FROM PROBATE FEES FOR ESTATES OF CERTAIN MILITARY SERVICEMEMBERS.  (a)  Defines "combat zone."

 

(b)   Prohibits the clerk of a county court, notwithstanding any other law, from charging, or collecting from, the estate of a decedent who died while in active service as a member of the armed forces of the United States in a combat zone a fee for or associated with the filing of the decedent's will for probate and a fee for any service rendered by the probate court regarding the administration of the decedent's estate.

 

SECTION 2.  Effective date: upon passage or September 1, 2007.