BILL ANALYSIS

H.B. 2923

By: Dutton

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been reported that, due to the extended lengths of some divorce and family court proceedings during the COVID-19 pandemic, some Texans have died during the course of such a proceeding, resulting in a spouse in conflict with the decedent being placed in charge of the decedent's estate. H.B. 2923 seeks to remedy this issue by including the spouse of a decedent who, at the time of the decedent's death, was a party to certain family court cases among individuals disqualified from serving as an executor or administrator of an estate.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2923 amends the Estates Code to disqualify a decedent's spouse from serving as the executor or administrator of the decedent's estate if, at the time of the decedent's death, the spouse was a party to one of the following suits:

· a suit for the dissolution of marriage;

· a suit affecting the parent-child relationship involving a child of the spouse and the decedent; or

· a child protection suit involving a child of the spouse and the decedent.

EFFECTIVE DATE

September 1, 2021.