80R10992 CLG-F
 
  By: Isett, Crabb, Haggerty, et al. H.B. No. 3787
 
A BILL TO BE ENTITLED
AN ACT
relating to a probate fee exemption for estates of members of the
armed forces of the United States who died while serving in a combat
zone.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter I, Texas Probate Code, is amended by
adding Section 11A to read as follows:
       Sec. 11A. EXEMPTION FROM PROBATE FEES FOR ESTATES OF CERTAIN
MILITARY SERVICEMEMBERS. (a)  In this section, "combat zone" means
an area that the president of the United States by executive order
designates for purposes of 26 U.S.C. Section 112 as an area in which
armed forces of the United States are or have engaged in combat.
       (b)  Notwithstanding any other law, the clerk of a county
court may not charge, or collect from, the estate of a decedent any
of the following fees if the decedent died while in active service
as a member of the armed forces of the United States in a combat
zone:
             (1)  a fee for or associated with the filing of the
decedent's will for probate; and
             (2)  a fee for any service rendered by the probate court
regarding the administration of the decedent's estate.
       SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.