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A BILL TO BE ENTITLED
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AN ACT
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relating to disclaimers of estate property by certain |
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beneficiaries. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 122.051, Estates Code, as effective |
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January 1, 2014, is amended to read as follows: |
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Sec. 122.051. FORM AND CONTENTS. (a) A disclaimer of |
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property receivable by a beneficiary must be evidenced by written |
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memorandum acknowledged before: |
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(1) a notary public; or |
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(2) another person authorized to take acknowledgments |
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of conveyances of real estate. |
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(b) A disclaimer of property receivable by a beneficiary |
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must include a statement regarding whether the beneficiary is a |
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child support obligor described by Section 122.107. |
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SECTION 2. Subchapter C, Chapter 122, Estates Code, as |
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effective January 1, 2014, is amended by adding Section 122.107 to |
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read as follows: |
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Sec. 122.107. ATTEMPTED DISCLAIMERS BY CERTAIN CHILD |
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SUPPORT OBLIGORS INEFFECTIVE. (a) A disclaimer made by a |
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beneficiary who is a child support obligor of estate property that |
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could be applied to satisfy the beneficiary's child support |
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obligation is not effective if the beneficiary owes child support |
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arrearages that have been: |
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(1) administratively determined by the Title IV-D |
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agency as defined by Section 101.033, Family Code, in a Title IV-D |
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case as defined by Section 101.034, Family Code; or |
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(2) confirmed and reduced to judgment as provided by |
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Section 157.263, Family Code. |
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(b) After distribution of estate property to a beneficiary |
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described by Subsection (a), the child support obligee to whom the |
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child support arrearages are owed may enforce the child support |
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obligation by a lien or by any other remedy provided by law. |
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SECTION 3. The change in law made by this Act applies only |
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to a disclaimer filed on or after the effective date of this Act. A |
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disclaimer filed before the effective date of this Act is governed |
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by the law in effect on the date the disclaimer was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect January 1, 2014. |