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A BILL TO BE ENTITLED
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AN ACT
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relating to obsolete references to the Texas Probate Code. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 71.012 and 71.022, Civil Practice and |
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Remedies Code, are amended to read as follows: |
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Sec. 71.012. QUALIFICATION OF FOREIGN PERSONAL |
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REPRESENTATIVE. If the executor or administrator of the estate of |
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a nonresident individual is the plaintiff in an action under this |
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subchapter, the foreign personal representative of the estate who |
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has complied with the requirements of Chapter 503, Estates [Section
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95, Texas Probate] Code, for the probate of a foreign will is not |
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required to apply for ancillary letters testamentary under Section |
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501.006, Estates Code, to bring and prosecute the action. |
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Sec. 71.022. QUALIFICATION OF FOREIGN PERSONAL |
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REPRESENTATIVE. If the executor or administrator of the estate of |
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a nonresident individual is the plaintiff in an action under this |
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subchapter, the foreign personal representative of the estate who |
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has complied with the requirements of Chapter 503, Estates [Section
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95, Texas Probate] Code, for the probate of a foreign will is not |
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required to apply for ancillary letters testamentary under Section |
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501.006, Estates Code, to bring and prosecute the action. |
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SECTION 2. Section 54.241(d), Education Code, is amended to |
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read as follows: |
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(d) A spouse or dependent child of a member of the Armed |
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Forces of the United States, who is not assigned to duty in Texas |
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but who has previously resided in Texas for a six-month period, is |
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entitled to pay the tuition fees and other fees or charges provided |
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for Texas residents for a term or semester at an institution of |
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higher education if the member: |
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(1) at least one year preceding the first day of the |
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term or semester executed a document with the applicable military |
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service that is in effect on the first day of the term or semester |
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and that: |
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(A) indicates that the member's permanent |
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residence address is in Texas; and |
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(B) designates Texas as the member's place of |
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legal residence for income tax purposes; |
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(2) has been registered to vote in Texas for the entire |
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year preceding the first day of the term or semester; and |
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(3) satisfies at least one of the following |
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requirements: |
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(A) for the entire year preceding the first day |
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of the term or semester has owned real property in Texas and in that |
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time has not been delinquent in the payment of any taxes on the |
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property; |
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(B) has had an automobile registered in Texas for |
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the entire year preceding the first day of the term or semester; or |
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(C) at least one year preceding the first day of |
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the term or semester executed a will that has not been revoked or |
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superseded indicating that the member is a resident of this state |
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and deposited the will with the county clerk of the county of the |
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member's residence under Subchapter A, Chapter 252, Estates |
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[Section 71, Texas Probate] Code. |
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SECTION 3. Section 358.060(a), Estates Code, is amended to |
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read as follows: |
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(a) An oil, gas, and mineral lease executed by a personal |
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representative [under the former Texas Probate Code or this code] |
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may be amended by an instrument that provides that a shut-in gas |
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well on the land covered by the lease or on land pooled with all or |
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part of the land covered by the lease continues the lease in effect |
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after the lease's five-year primary term. |
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SECTION 4. Section 358.201, Estates Code, is amended to |
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read as follows: |
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Sec. 358.201. AUTHORIZATION FOR EXECUTION OF AGREEMENTS. |
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As to any mineral lease or pooling or unitization agreement, |
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executed on behalf of an estate [before January 1, 1956, or on or
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after that date under the provisions of the former Texas Probate
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Code or this code,] or [executed] by a former owner of land, |
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minerals, or royalty affected by the lease or agreement, the |
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personal representative of the estate being administered may, |
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without further court order and without consideration, execute: |
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(1) division orders; |
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(2) transfer orders; |
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(3) instruments of correction; |
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(4) instruments designating depository banks for the |
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receipt of delay rentals or shut-in gas well royalty to accrue or |
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become payable under the terms of the lease; and |
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(5) similar instruments relating to the lease or |
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agreement and the property covered by the lease or agreement. |
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SECTION 5. Section 1160.060(a), Estates Code, is amended to |
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read as follows: |
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(a) An oil, gas, and mineral lease executed by a guardian of |
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an estate [under this chapter or former Chapter XIII, Texas Probate
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Code,] may be amended by an instrument that provides that a shut-in |
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gas well on the land covered by the lease or on land pooled with all |
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or part of the land covered by the lease continues the lease in |
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effect after the lease's five-year primary term. |
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SECTION 6. Section 81.1011(a), Government Code, is amended |
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to read as follows: |
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(a) Notwithstanding Section 81.101(a), the "practice of |
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law" does not include technical advice, consultation, and document |
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completion assistance provided by an employee or volunteer of an |
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area agency on aging affiliated with the Health and Human Services |
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Commission [Texas Department on Aging] who meets the requirements |
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of Subsection (b) if that advice, consultation, and assistance |
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relates to: |
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(1) a medical power of attorney or other advance |
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directive under Chapter 166, Health and Safety Code; or |
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(2) a designation of guardian before need arises under |
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Section 1104.202, Estates [679, Texas Probate] Code. |
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SECTION 7. Section 313.004(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Any dispute as to the right of a party to act as a |
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surrogate decision-maker may be resolved only by a court of record |
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having jurisdiction of proceedings under Title 3, Estates [Chapter
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V, Texas Probate] Code. |
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SECTION 8. Section 552.018(e), Health and Safety Code, is |
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amended to read as follows: |
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(e) For the purposes of this section, the following are not |
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considered to be trusts and are not entitled to the exemption |
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provided by this section: |
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(1) a guardianship administered [established under
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the former Texas Probate Code or] under the Estates Code; |
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(2) a trust established under Chapter 142, Property |
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Code; |
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(3) a facility custodial account established under |
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Section 551.003; |
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(4) the provisions of a divorce decree or other court |
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order relating to child support obligations; |
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(5) an administration of a decedent's estate; or |
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(6) an arrangement in which funds are held in the |
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registry or by the clerk of a court. |
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SECTION 9. Section 593.081(f), Health and Safety Code, is |
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amended to read as follows: |
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(f) For the purposes of this section, the following are not |
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considered to be trusts and are not entitled to the exemption |
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provided by this section: |
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(1) a guardianship administered [established under
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the former Texas Probate Code or] under the Estates Code; |
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(2) a trust established under Chapter 142, Property |
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Code; |
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(3) a facility custodial account established under |
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Section 551.003; |
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(4) the provisions of a divorce decree or other court |
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order relating to child support obligations; |
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(5) an administration of a decedent's estate; or |
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(6) an arrangement in which funds are held in the |
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registry or by the clerk of a court. |
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SECTION 10. Section 594.036(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Notice shall also be served on the parents if the |
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resident is a minor and on the guardian for the resident's person if |
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the resident has been declared to be incapacitated [as provided by
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the former Texas Probate Code or the Estates Code] and a guardian |
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has been appointed in a proceeding under Title 3, Estates Code. |
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SECTION 11. Section 258.104(b), Occupations Code, is |
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amended to read as follows: |
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(b) Consent for the release of privileged information must |
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be in writing and be signed by: |
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(1) the patient; |
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(2) a parent or legal guardian of the patient, if the |
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patient is a minor; |
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(3) a legal guardian of the patient, if the patient has |
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been adjudicated incompetent to manage the patient's personal |
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affairs; |
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(4) an attorney ad litem appointed for the patient, as |
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authorized by: |
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(A) Chapter 107, Family Code; |
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(B) Subtitle B, Title 6, Health and Safety Code; |
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(C) Subtitle C, Title 7, Health and Safety Code; |
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(D) Subtitle D, Title 7, Health and Safety Code; |
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(E) Subtitle E, Title 7, Health and Safety Code; |
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(F) Chapter 1054, Estates [V, Texas Probate] |
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Code; or |
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(G) any other law; or |
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(5) a personal representative of the patient, if the |
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patient is deceased. |
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SECTION 12. Section 41.0021(e), Property Code, is amended |
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to read as follows: |
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(e) This section does not affect the rights of a surviving |
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spouse or surviving children under Section 52, Article XVI, Texas |
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Constitution, or Chapter 353, Estates [Part 3, Chapter VIII, Texas
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Probate] Code. |
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SECTION 13. Section 112.034(a), Property Code, is amended |
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to read as follows: |
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(a) If a settlor transfers both the legal title and all |
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equitable interests in property to the same person or retains both |
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the legal title and all equitable interests in property in himself |
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as both the sole trustee and the sole beneficiary, a trust is not |
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created and the transferee holds the property as his own. This |
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subtitle does not invalidate a trust account validly created and in |
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effect under Chapter 113, Estates [XI, Texas Probate] Code. |
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SECTION 14. This Act takes effect September 1, 2019. |