Bill Text: TX HB2621 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to disclaimers of estate property by certain beneficiaries.
Sponsorship: Partisan Bill (Republican 7)
Status: (Passed) 2013-06-14 - Effective on 1/1/14 [HB2621 Detail]
Download: Texas-2013-HB2621-Enrolled.html
| H.B. No. 2621 | ||
|
|
||
| relating to disclaimers of estate property by certain | ||
| beneficiaries. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 122.051, Estates Code, as effective | ||
| January 1, 2014, is amended to read as follows: | ||
| Sec. 122.051. FORM AND CONTENTS. (a) A disclaimer of | ||
| property receivable by a beneficiary must be evidenced by written | ||
| memorandum acknowledged before: | ||
| (1) a notary public; or | ||
| (2) another person authorized to take acknowledgments | ||
| of conveyances of real estate. | ||
| (b) A disclaimer of property receivable by a beneficiary | ||
| must include a statement regarding whether the beneficiary is a | ||
| child support obligor described by Section 122.107. | ||
| SECTION 2. Subchapter C, Chapter 122, Estates Code, as | ||
| effective January 1, 2014, is amended by adding Section 122.107 to | ||
| read as follows: | ||
| Sec. 122.107. ATTEMPTED DISCLAIMERS BY CERTAIN CHILD | ||
| SUPPORT OBLIGORS INEFFECTIVE. (a) A disclaimer made by a | ||
| beneficiary who is a child support obligor of estate property that | ||
| could be applied to satisfy the beneficiary's child support | ||
| obligation is not effective if the beneficiary owes child support | ||
| arrearages that have been: | ||
| (1) administratively determined by the Title IV-D | ||
| agency as defined by Section 101.033, Family Code, in a Title IV-D | ||
| case as defined by Section 101.034, Family Code; or | ||
| (2) confirmed and reduced to judgment as provided by | ||
| Section 157.263, Family Code. | ||
| (b) After distribution of estate property to a beneficiary | ||
| described by Subsection (a), the child support obligee to whom the | ||
| child support arrearages are owed may enforce the child support | ||
| obligation by a lien or by any other remedy provided by law. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to a disclaimer filed on or after the effective date of this Act. A | ||
| disclaimer filed before the effective date of this Act is governed | ||
| by the law in effect on the date the disclaimer was filed, and the | ||
| former law is continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect January 1, 2014. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2621 was passed by the House on May 2, | ||
| 2013, by the following vote: Yeas 147, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2621 was passed by the Senate on May | ||
| 22, 2013, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
