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A BILL TO BE ENTITLED
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AN ACT
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relating to the waiver of the disqualification of a convicted felon |
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from serving as independent executor of a decedent's estate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. CHANGES TO TEXAS PROBATE CODE |
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SECTION 1.01. Section 78, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 78. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR |
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ADMINISTRATOR. Except as provided by Section 78A of this code, no |
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[No] person is qualified to serve as an executor or administrator |
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who is: |
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(a) An incapacitated person; |
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(b) A convicted felon, under the laws either of the |
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United States or of any state or territory of the United States, or |
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of the District of Columbia, unless such person has been duly |
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pardoned, or his civil rights restored, in accordance with law; |
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(c) A non-resident (natural person or corporation) of |
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this State who has not appointed a resident agent to accept service |
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of process in all actions or proceedings with respect to the estate, |
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and caused such appointment to be filed with the court; |
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(d) A corporation not authorized to act as a fiduciary |
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in this State; or |
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(e) A person whom the court finds unsuitable. |
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SECTION 1.02. Part 1, Chapter V, Texas Probate Code, is |
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amended by adding Section 78A to read as follows: |
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Sec. 78A. WAIVER OF DISQUALIFICATION. (a) This section |
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applies only to a person who: |
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(1) is a felon convicted under the laws of the United |
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States or of any state of the United States; and |
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(2) has not, in accordance with law, been pardoned or |
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had the person's civil rights restored. |
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(b) A person is not disqualified from serving as independent |
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executor of a decedent's estate under Section 78(b) of this code if: |
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(1) the person is named as executor in the decedent's |
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will and the will provides for independent administration as |
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provided in Section 145(b) of this code; |
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(2) the decedent waives the person's disqualification |
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under Section 78(b) of this code in the decedent's will; and |
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(3) the person is otherwise qualified to serve as an |
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executor under Section 78 of this code. |
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SECTION 1.03. Section 78, Texas Probate Code, as amended by |
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this article, and Section 78A, Texas Probate Code, as added by this |
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article, apply only to the estate of a decedent who dies on or after |
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the effective date of this article. The estate of a decedent who |
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dies before the effective date of this article is governed by the |
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law in effect on the date of the decedent's death, and the former |
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law is continued in effect for that purpose. |
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ARTICLE 2. CHANGES TO ESTATES CODE |
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SECTION 2.01. Section 304.003, Estates Code, as effective |
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January 1, 2014, is amended to read as follows: |
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Sec. 304.003. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR |
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ADMINISTRATOR. Except as provided by Section 304.004, a [A] person |
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is not qualified to serve as an executor or administrator if the |
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person is: |
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(1) incapacitated; |
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(2) a felon convicted under the laws of the United |
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States or of any state of the United States unless, in accordance |
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with law, the person has been pardoned or has had the person's civil |
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rights restored; |
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(3) a nonresident of this state who: |
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(A) is a natural person or corporation; and |
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(B) has not: |
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(i) appointed a resident agent to accept |
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service of process in all actions or proceedings with respect to the |
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estate; or |
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(ii) had that appointment filed with the |
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court; |
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(4) a corporation not authorized to act as a fiduciary |
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in this state; or |
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(5) a person whom the court finds unsuitable. |
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SECTION 2.02. Chapter 304, Estates Code, as effective |
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January 1, 2014, is amended by adding Section 304.004 to read as |
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follows: |
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Sec. 304.004. WAIVER OF DISQUALIFICATION. (a) This section |
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applies only to a person who: |
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(1) is a felon convicted under the laws of the United |
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States or of any state of the United States; and |
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(2) has not, in accordance with law, been pardoned or |
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had the person's civil rights restored. |
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(b) A person is not disqualified from serving as independent |
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executor of a decedent's estate under Section 304.003(2) if: |
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(1) the person is named as executor in the decedent's |
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will and the will provides for independent administration as |
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provided in Section 145(b); |
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(2) the decedent waives the person's disqualification |
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under Section 304.003(2) in the decedent's will; and |
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(3) the person is otherwise qualified to serve as an |
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executor under Section 304.003. |
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SECTION 2.03. Section 78, Texas Probate Code, as amended by |
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Article 1 of this Act, and Section 78A, Texas Probate Code, as added |
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by Article 1 of this Act, are repealed. |
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SECTION 2.04. This article takes effect January 1, 2014. |
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ARTICLE 3. EFFECTIVE DATE |
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SECTION 3.01. Except as otherwise provided by this Act, |
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this Act takes effect September 1, 2011. |