|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the estates of decedents. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 149B(a), Texas Probate Code, is amended |
|
to read as follows: |
|
(a) In addition to or in lieu of the right to an accounting |
|
provided by Section 149A of this code, at any time after the |
|
expiration of two years from the date the clerk of the court first |
|
issues letters testamentary or of administration to any personal |
|
representative of the estate [that an independent administration
|
|
was created and the order appointing an independent executor was
|
|
entered], a person interested in an [the] estate then subject to |
|
independent administration may petition the county court, as that |
|
term is defined by Section 3 of this code, for an accounting and |
|
distribution. The court may order an accounting to be made with the |
|
court by the independent executor at such time as the court deems |
|
proper. The accounting shall include the information that the |
|
court deems necessary to determine whether any part of the estate |
|
should be distributed. |
|
SECTION 2. The heading to Part 5, Chapter VII, Texas Probate |
|
Code, is amended to read as follows: |
|
PART 5. [GENERAL] POWERS, DUTIES, AND LIABILITIES OF PERSONAL |
|
REPRESENTATIVES |
|
SECTION 3. Part 5, Chapter VII, Texas Probate Code, is |
|
amended by adding Sections 236 and 236A to read as follows: |
|
Sec. 236. LIABILITY OF PERSONAL REPRESENTATIVE. A personal |
|
representative who commits a breach of fiduciary duty and the |
|
sureties on the personal representative's bond are chargeable with |
|
any damages resulting from the breach, including: |
|
(1) any loss or depreciation in value of the estate as |
|
a result of the breach; |
|
(2) any profit made by the personal representative as |
|
a result of the breach; |
|
(3) any profit that would have accrued to the estate if |
|
there had been no breach; |
|
(4) exemplary damages; or |
|
(5) costs and fees described by Section 245 of this |
|
code. |
|
Sec. 236A. REMEDIES FOR BREACH OF FIDUCIARY DUTY. (a) To |
|
remedy a breach of fiduciary duty by a personal representative, a |
|
court may: |
|
(1) compel the personal representative to perform the |
|
personal representative's duty or duties; |
|
(2) enjoin the personal representative from |
|
continuing to commit a breach of fiduciary duty or committing an |
|
additional breach of fiduciary duty; |
|
(3) compel the personal representative to redress a |
|
breach of fiduciary duty, including compelling the representative |
|
to pay money or to restore property; |
|
(4) order a personal representative to account; |
|
(5) appoint a receiver to take possession of estate |
|
property and administer the estate; |
|
(6) suspend the personal representative; |
|
(7) remove the personal representative as provided by |
|
Section 222 of this code; |
|
(8) reduce or deny compensation to the personal |
|
representative; |
|
(9) void an act of the personal representative; |
|
(10) impose a lien or a constructive trust on estate |
|
property; |
|
(11) trace estate property that the personal |
|
representative wrongfully disposed of and recover the property or |
|
the proceeds from the property; or |
|
(12) order any other appropriate relief. |
|
(b) A certified copy of an order that imposes a lien or |
|
constructive trust on real property under Subsection (a)(10) of |
|
this section may be filed in the real property records of each |
|
county in which the real property is located. On the recording of |
|
the certified copy, the order is constructive notice of the |
|
existence of the lien or constructive trust. |
|
SECTION 4. Section 70, Texas Probate Code, is repealed. |
|
SECTION 5. (a) The change in law made by this Act to Section |
|
149B, Texas Probate Code, applies only to a petition for an |
|
accounting and distribution filed on or after the effective date of |
|
this Act. A petition for an accounting and distribution filed |
|
before the effective date of this Act is covered by the law in |
|
effect on the date the petition was filed, and that law is continued |
|
in effect for that purpose. |
|
(b) Sections 236 and 236A, Texas Probate Code, as added by |
|
this Act, apply only to conduct that occurs on or after the |
|
effective date of this Act. Conduct that occurs before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the conduct occurred, and the former law is continued in effect |
|
for that purpose. |
|
SECTION 6. This Act takes effect September 1, 2009. |
|
|
|
* * * * * |