Bill Text: TX HB3331 | 2023-2024 | 88th Legislature | Comm Sub


Bill Title: Relating to a convicted felon serving as executor of a decedent's estate in certain circumstances.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Engrossed - Dead) 2023-05-17 - Committee report printed and distributed [HB3331 Detail]

Download: Texas-2023-HB3331-Comm_Sub.html
 
 
  By: Thimesch, et al. (Senate Sponsor - Hughes) H.B. No. 3331
         (In the Senate - Received from the House April 24, 2023;
  May 5, 2023, read first time and referred to Committee on
  Jurisprudence; May 17, 2023, reported favorably by the following
  vote:  Yeas 5, Nays 0; May 17, 2023, sent to printer.)
Click here to see the committee vote
 
 
 
  COMMITTEE VOTE
 
 
         YeaNayAbsentPNV
         HughesX
         JohnsonX
         CreightonX
         HinojosaX
         MiddletonX
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a convicted felon serving as executor of a decedent's
  estate in certain circumstances.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 304.003, Estates Code, is amended to
  read as follows:
         Sec. 304.003.  PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR
  ADMINISTRATOR.  (a)  Except as provided by Subsection (b), a [A]
  person is not qualified to serve as an executor or administrator if
  the person is:
               (1)  incapacitated;
               (2)  a felon convicted under the laws of the United
  States or of any state of the United States unless, in accordance
  with law, the person has been pardoned or has had the person's civil
  rights restored;
               (3)  a nonresident of this state who:
                     (A)  is a natural person or corporation; and
                     (B)  has not:
                           (i)  appointed a resident agent to accept
  service of process in all actions or proceedings with respect to the
  estate; or
                           (ii)  had that appointment filed with the
  court;
               (4)  a corporation not authorized to act as a fiduciary
  in this state; or
               (5)  a person whom the court finds unsuitable.
         (b)  A person described by Subsection (a)(2) is not
  disqualified from serving as an executor of a decedent's estate
  under Subsection (a)(2) if:
               (1)  the person is named as executor in the decedent's
  will;
               (2)  the person is otherwise qualified to serve as an
  executor; and
               (3)  the court approves the person serving as an
  executor.
         SECTION 2.  The changes in law made by this Act to Section
  304.003, Estates Code, 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.
         SECTION 3.  This Act takes effect September 1, 2023.
 
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