Bill Text: TX HB2095 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to genetic testing in certain proceedings to declare heirship.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-08 - Referred to Judiciary & Civil Jurisprudence [HB2095 Detail]
Download: Texas-2011-HB2095-Introduced.html
82R7632 KLA-F | ||
By: Thompson | H.B. No. 2095 |
|
||
|
||
relating to genetic testing in certain proceedings to declare | ||
heirship. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 53C(a) and (b), Texas Probate Code, are | ||
amended to read as follows: | ||
(a) This section applies in a proceeding to declare heirship | ||
of a decedent only with respect to an individual who[ |
||
[ |
||
|
||
[ |
||
decedent[ |
||
|
||
|
||
biological child of the decedent[ |
||
|
||
|
||
|
||
(b) The presumption under Section 160.505, Family Code, | ||
that applies in establishing a parent-child relationship also | ||
applies in determining heirship in the probate court using the | ||
results of genetic testing ordered with respect to an individual | ||
described by Subsection (a) of this section, and the presumption | ||
may be rebutted in the same manner provided by Section 160.505, | ||
Family Code. [ |
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
SECTION 2. (a) Sections 204.151 and 204.152, Estates Code, | ||
as effective January 1, 2014, are amended to read as follows: | ||
Sec. 204.151. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
applies in a proceeding to declare heirship of a decedent only with | ||
respect to an individual who[ |
||
[ |
||
|
||
[ |
||
[ |
||
claims[ |
||
|
||
|
||
[ |
||
the decedent[ |
||
|
||
|
||
Sec. 204.152. PRESUMPTION; [ |
||
|
||
Family Code, that applies in establishing a parent-child | ||
relationship also applies in determining heirship in the probate | ||
court using the results of genetic testing ordered with respect to | ||
an individual described by Section 204.151, and the presumption may | ||
be rebutted in the same manner provided by Section 160.505, Family | ||
Code. [ |
||
|
||
|
||
|
||
|
||
[ |
||
|
||
|
||
|
||
[ |
||
|
||
|
||
|
||
(b) The changes in law made by Section 1 of this Act to | ||
Sections 53C(a) and (b), Texas Probate Code, are repealed. | ||
SECTION 3. Section 53C(c), Texas Probate Code, is repealed. | ||
SECTION 4. The change in law made by this Act applies only | ||
to a proceeding to declare heirship commenced on or after September | ||
1, 2011. A proceeding to declare heirship commenced before that | ||
date is governed by the law in effect on the date the proceeding was | ||
commenced, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 5. (a) Except as otherwise provided by Subsection | ||
(b) of this section, this Act takes effect September 1, 2011. | ||
(b) Section 2 of this Act takes effect January 1, 2014. |