BILL ANALYSIS

Senate Research Center	H.B. 3331
88R12881 EAS-D	By: Thimesch et al. (Hughes)
	Jurisprudence
	5/16/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Constituents have raised concerns that convicted felons are disqualified from being able to serve as the executor of an estate unless they have been pardoned or have had their civil rights restored. Often, a person preparing their will chooses the executor of their estate based on their character and relationship with the person. In most cases, the chosen executor is a family member or close friend, yet under current law, a felony conviction disqualifies anyone from that role regardless of how long it has been since that conviction or whether the convicted person has turned their life around and become an upstanding citizen. H.B. 3331 seeks to address these issues by providing for a person who has been convicted of a felony to serve as the executor of an estate.

H.B. 3331 amends current law relating to a convicted felon serving as executor of a decedent's estate in certain circumstances.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 304.003, Estates Code, as follows:

Sec. 304.003. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR ADMINISTRATOR. (a) Creates an exception under Subsection (b). Makes a nonsubstantive change.

(b) Provides that a person described by Subsection (a)(2) (relating to providing that a person is not qualified to serve as an executor or administrator if the person is a felon unless, in accordance with law, the person has been pardoned or has had the person's civil rights restored) is not disqualified from serving as an executor of a decedent's estate under Subsection (a)(2) if the person is named as executor in the decedent's will, if the person is otherwise qualified to serve as an executor, and if the court approves the person serving as an executor.

SECTION 2. Makes application of the changes in law made by this Act to Section 304.003, Estates Code, prospective.

SECTION 3. Effective date: September 1, 2023.