Bill Text: TX HB1209 | 2011-2012 | 82nd Legislature | Engrossed


Bill Title: Relating to a probate fee exemption for estates of certain law enforcement officers, firefighters, and others killed in the line of duty.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2011-05-04 - Referred to Jurisprudence [HB1209 Detail]

Download: Texas-2011-HB1209-Engrossed.html
  82R107 MTB-F
 
  By: Taylor of Galveston, et al. H.B. No. 1209
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a probate fee exemption for estates of certain law
  enforcement officers, firefighters, and others killed in the line
  of duty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. TEXAS PROBATE CODE
         SECTION 1.01.  Chapter I, Texas Probate Code, is amended by
  adding Section 11B to read as follows:
         Sec. 11B.  EXEMPTION FROM PROBATE FEES FOR ESTATES OF
  CERTAIN LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND OTHERS.
  (a)  In this section:
               (1)  "Eligible decedent" means an individual listed in
  Section 615.003, Government Code.
               (2)  "Line of duty" and "personal injury" have the
  meanings assigned by Section 615.021(e), Government Code.
         (b)  Notwithstanding any other law, the clerk of a court may
  not charge, or collect from, the estate of an eligible decedent any
  of the following fees if the decedent died as a result of a personal
  injury sustained in the line of duty in the individual's position as
  described by Section 615.003, Government Code:
               (1)  a fee for or associated with the filing of the
  decedent's will for probate; and
               (2)  a fee for any service rendered by the court
  regarding the administration of the decedent's estate.
         SECTION 1.02.  The changes in law made by this article apply
  only to the estate of a decedent who dies on or after the effective
  date of this Act. The estate of a decedent who dies before the
  effective date of this Act is governed by the law in effect on the
  date of the decedent's death, and the former law is continued in
  effect for that purpose.
  ARTICLE 2.  ESTATES CODE
         SECTION 2.01. Subchapter B, Chapter 53, Estates Code, is
  amended by adding Section 53.054 to read as follows:
         Sec. 53.054.  EXEMPTION FROM PROBATE FEES FOR ESTATES OF
  CERTAIN LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND OTHERS.
  (a)  In this section:
               (1)  "Eligible decedent" means an individual listed in
  Section 615.003, Government Code.
               (2)  "Line of duty" and "personal injury" have the
  meanings assigned by Section 615.021(e), Government Code.
         (b)  Notwithstanding any other law, the clerk of a court may
  not charge, or collect from, the estate of an eligible decedent any
  of the following fees if the decedent died as a result of a personal
  injury sustained in the line of duty in the individual's position as
  described by Section 615.003, Government Code:
               (1)  a fee for or associated with the filing of the
  decedent's will for probate; and
               (2)  a fee for any service rendered by the court
  regarding the administration of the decedent's estate.
         SECTION 2.02.  Section 11B, Texas Probate Code, as added by
  Article 1 of this Act, is repealed.
         SECTION 2.03.  This article takes effect January 1, 2014.
  ARTICLE 3. EFFECTIVE DATE
         SECTION 3.01.  Except as otherwise provided by this Act,
  this Act takes effect September 1, 2011.
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