Video & Transcript Research : 'Estates Code'

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TX
Transcript Highlights:
  • history record information and other information in connection. with a guardianship of the ward's estate
  • There are codes of conduct, there are ethics involved, all those sorts of things. things, and we believe
  • and members, Senate Bill 2903 relates to documents required to be submitted by a guardian. of the estate
  • Members, under current law, guardians of estates must submit supporting vouchers and other documents.
  • The estate code, however, does not require key financial documentation. such as complete bank or investment
TX

Texas 89th Regular

Judiciary & Civil Jurisprudence May 21st, 2025

Judiciary & Civil Jurisprudence

Transcript Highlights:
  • There is another provision relating to billing codes.
  • change that has been agreed to, which would essentially capture those left out that don't have billing codes
  • All right, Senate Bill 2342 amends the estate codes to enhance the guardianship application process,
  • Senate Bill 2903 amends the Estates Code to strengthen oversight, transparency, and guardianship proceedings
  • by specifying documentation guardians of the estate must attach to the process. ...annual accounts.
TX
Summary: The committee considered several House bills dealing with family law and civil procedure. House Bill 1916, concerning a court’s jurisdiction in suits to divide property not divided on dissolution of marriage, was reported favorably on a 4-0 vote and recommended for the local and uncontested calendar. House Bill 1973, addressing proof of the identity of a child’s parents in a suit affecting the parent-child relationship, was also adopted with a committee substitute, reported favorably 4-0, and sent to the local and uncontested calendar. House Bill 2524, on recovery of fees, court costs, and expenses in family law proceedings, and House Bill 2530, on special appointments in suits affecting the parent-child relationship, each received favorable 4-0 votes and were likewise recommended for the local and uncontested calendar. The committee then took up House Bill 3180, which was reported favorably 4-0 and recommended for the local and uncontested calendar. The most detailed discussion centered on House Bill 40, relating to updates to business courts. Senator Hughes explained a committee amendment that made conforming changes requested by the Finance Committee and removed language creating two new judgeships, replacing it with a different judge allocation. The amendment was adopted, the amended committee substitute was adopted, and the bill was reported favorably on a 4-0 vote and sent to the local and uncontested calendar. At the end of the meeting, members briefly clarified procedural details about the House Bill 40 amendment and then closed out the agenda. The committee also noted a correction to an earlier reference to Bartleby the Scrivener, and the Chair recessed the Committee on Jurisprudence subject to the call of the chair.
TX

Texas 89th Regular

Jurisprudence (Part I) May 21st, 2025

Jurisprudence

Transcript Highlights:
  • Is it 304.003 of the Finance Code? So that's not a fixed 7.5 percent, is it?” “That's correct, sir.
  • “House Bill 2524 simply renders the language regarding attorney's fees in the Family Code consistent.
  • This basically update to the code makes sure that all references to awards of attorney's fees be in..
  • Code to streamline probate administration procedures.
  • I'm a 34-year real estate litigation lawyer who's tried 400 trials.
Summary: The committee heard several House bills, most of them relating to family law and court procedure, and left each bill pending after testimony. House Bill 1916 would clarify that the court that issued a final divorce decree retains exclusive jurisdiction over later actions involving undivided property. House Bill 1973 would require a certified birth certificate, if reasonably available, to be filed with a SAPCR petition or allow alternative proof of parentage while keeping the information confidential. House Bill 2530 would add qualifications and procedural safeguards for appointing amicus attorneys in SAPCR cases, including notice and hearing requirements, minimum qualifications, conflict rules, and limits on what amicus attorneys may do. House Bill 2524 would make Family Code references to attorney’s fees consistent by using “reasonable and necessary” language. House Bill 3180 would correct a scrivener’s error in the civil discovery rules by changing “settlement” to “statement.” The committee also heard House Bill 4213, which would change the interest rate on overdue child support from the current 6 percent simple interest to a fixed 5 percent and require the Attorney General to report on the impact of the change. Testimony was sharply divided: supporters argued lower interest could improve collections and help low-income obligors catch up, citing research and the size of child-support arrearages; opponents said lowering the rate would reduce incentives to pay and harm custodial parents and children. The Attorney General’s office raised implementation concerns about a House version that would have created a variable rate, while the committee substitute was described as restoring a simple fixed rate. After testimony, the bill was left pending. The committee also discussed House Bill 40, updating business court provisions and supplemental jurisdiction; House Bill 3421, streamlining probate procedures for original wills and copies; and House Bill 417, clarifying venue for lawsuits involving private transfer fees on real property. Each drew limited testimony and was left pending. Finally, House Bill 3783 drew extensive testimony on court-ordered counseling and reunification therapy in family cases. The sponsor and supporters said the bill would protect children and abuse victims from coercive, unregulated reunification practices, while opponents argued it was too broad, could interfere with legitimate therapy and judicial discretion, and might affect military families and other high-conflict cases. The committee heard testimony from judges, therapists, parents, survivors, and advocates, but took no final action and left the bill pending.
TX
Transcript Highlights:
  • The bill references 304.003 of the finance code, so that's not a fixed 7.5 percent, is it?
  • Renders the language regarding attorney's fees in the family code consistent.
  • Of course, the bill makes additional clarifications in the estates code regarding administration procedures
  • The issue under Section 150.011 of our civil practice and remedy code...
  • That is after eight years of litigation, over a million dollars spent out of their community estate,
TX

Texas 89th Regular

S/C on Family & Fiduciary Relationships May 5th, 2025

S/C on Family & Fiduciary Relationships

Transcript Highlights:
  • And then judge has the authority to take in different considerations of the estate, but we don't I feel
  • They're both amending this Section 153 of the Family Code.
  • In keeping with this principle, Texas Family Code Chapter 153 requires courts to prioritize the best
  • House Bill 5642 seeks to ease the burden on realtors by instructing the Texas Real Estate Commission
  • And as you know, the Texas Estates Code uses the term certificate in a way that creates some... unnecessary
TX
Transcript Highlights:
  • Senate Bill 1335 relates to decedents' estates.
  • This bill clarifies a point of confusion in the estates code relating to the documentation granted by
  • However, when a section of the estates code refers to the certificate of the clerk in addition to letters
  • testamentary or letters of administration, this is an old reference in the Texas Estates Code.
  • property code as well.
TX

Texas 89th Regular

Jurisprudence (Part I) Apr 9th, 2025

Jurisprudence

Transcript Highlights:
  • Senate Bill 1335 relates to decedents estates.
  • Estate and Probate Institute, also known as TREP.
  • Um, this is an old reference in the Texas Estates Code as the practice of issuing certificates has actually
  • So these are all common sense changes to the estates code.
  • Property code as well.
TX
Transcript Highlights:
  • And how is it not a legally appropriate change to the code?
  • they hit the bank account, it specifically is different than the state exemptions under the property code
  • your savings in the extra bank, your other one, and... there they get to have to follow the property code
  • This legislation would bring the Texas Penal Code into line with the state bar's regulations, targeting
  • The bill also protects creditors and heirs by applying existing estate law. rules. With that, Mr.
TX

Texas 89th Regular

Jurisprudence Apr 9th, 2025

Jurisprudence

Transcript Highlights:
  • This bill clarifies a point of confusion in the Estates Code relating to the documentation granted by
  • However, one Estates Code section refers to a certificate of the clerk in addition to letters testamentary
  • This is an old reference in the Texas Estates Code, as the practice of issuing certificates has actually
  • So these are all common-sense changes to the Estates Code.
  • Chapter 51 of the Government Code and also adds two provisions to the Real Property Code as well.
Summary: The committee heard several probate, family law, judicial, property, and contract-related bills. Senate Bill 1335, relating to decedents’ estates, would remove outdated references to a clerk’s certificate, allow courts to remove personal representatives on their own motion with notice by qualified delivery method, and add independent administrators to provisions that referenced only independent executors; an estate-planning attorney testified in support, and the bill was left pending. Senate Bill 1760, concerning guardianship transfer fees and procedures, was described as setting a $45 filing fee for transferred guardianship cases and clarifying completion and dismissal procedures; it received no testimony and was left pending. Senate Bill 2127 would shorten the eligibility period for retired judges to serve as visiting judges from eight years to six, restrict practice in their assigned region for two years, and require conflict-related certification; it also was left pending without testimony. Senate Bill 302 would shift the cost of a traveling probate judge to the requesting estate or parties rather than the county; one witness registered in favor, no one testified, and the bill was left pending. The committee then considered a committee substitute for Senate Bill 252, which would clarify the parental presumption in conservatorship cases, require non-parents seeking relief against a parent to file an affidavit showing significant impairment to the child if relief is denied, require courts to state specific findings when overcoming the presumption, confirm the clear-and-convincing standard, and clarify that agreed prior orders do not defeat the presumption. The substitute was explained as consensus language from a work group, public testimony was reopened, and the bill was left pending. Senate Bill 1734, on deed fraud, would create a streamlined ex parte process for property owners to have fraudulent deeds declared void, modeled on the fraudulent lien statute; county clerk and title association representatives testified that it would provide a low-cost self-help remedy for a growing problem, and the bill was left pending subject to the chair. Senate Bill 1975 would prevent Texas contractors from being forced to litigate disputes in foreign jurisdictions and require disputes to be handled in the county where the project is located; it was presented as a repeat of a previously vetoed bill and was left pending. Finally, the committee took up a substitute for Senate Bill 1940, concerning transfer-on-death style beneficiary designations for manufactured homes. The substitute would allow one or more beneficiaries instead of only one, transfer the interest to surviving designated beneficiaries who survive by 120 hours, extend the application period for transfer to 365 days, void the designation if not timely filed, and require mailing by certified or registered mail with return receipt requested. The substitute was adopted without objection. The committee then recessed subject to the call of the chair.
TX

Texas 89th Regular

S/C on Family & Fiduciary Relationships Mar 31st, 2025

S/C on Family & Fiduciary Relationships

Transcript Highlights:
  • One of these is Text to Family Code Chapter 32.003.
  • In the Family Code, is it possible to be...?
  • Probate estate and trust law. TREP supports this bill.
  • is a small estate, so this will clean things up.
  • It removes an archaic provision in the Estates Code that is not used.
TX

Texas 89th Regular

S/C on Family & Fiduciary Relationships Mar 31st, 2025

S/C on Family & Fiduciary Relationships

Transcript Highlights:
  • I'm just curious as to whether or not you're changing the order in which payments from a decedent's estate
  • If the estate doesn't go to, let's say, the mother of that child, and it goes somewhere else, like if
  • technically if the child is in arrears, they might not have the ability to stay in the home if the estate
  • This bill to me is a crucial step towards ensuring fairness and clarity in the administration of estates
  • There are definitely challenges faced by families when dealing with the estates of deceased individuals
TX

Texas 89th Regular

Business and Commerce Apr 10th, 2025

Business & Commerce

Transcript Highlights:
  • I've been invited as an expert by the Texas Real Estate and Probate Institute.
  • , but the property code is inconsistent and so there...
  • , it's inconsistent in the Property Code, and this aligns both parts of the code.
  • Code, a separate part of the code, a separate statute, to make sure that it's clear because it's inconsistent
  • in the Property Code.
Summary: The meeting of the committee commenced with the establishment of a quorum, where members discussed and voted on five significant bills related to energy efficiency, insurance regulation, and public utility governance. Notably, Senate Bill 2717 was presented, incorporating feedback to foster collaboration among various state agencies for improved energy efficiency performance. This was followed by a detailed discussion on Senate Bill 1642, which proposed changes to the Texas Department of Insurance's executive structure to optimize management and consumer focus. Each bill saw active participation from senators who moved to adopt committee substitutes for clarity and responsiveness to stakeholder concerns, indicating a proactive approach to legislative issues.
TX
Transcript Highlights:
  • I've been invited as an expert by the Texas Real Estate and Probate Institute.
  • , it's inconsistent in the Property Code.
  • But again, it's already allowed in code and statute.
  • Property Code, a separate part of the code, a separate statute, to make sure that it's clear because
  • it's inconsistent in the Property Code.
Summary: The Senate Committee on Business and Commerce met with a quorum and took up several pending bills, voting favorably on SB 1612, SB 2717, SB 1468, SB 1642, and SB 1789. SB 1612 was reported favorably with objections to the local and contested calendar, while SB 2717, SB 1468, SB 1642, and SB 1789 were reported favorably, with SB 1642 and SB 1789 sent to the floor. SB 2717 would create the Texas Energy Efficiency Council; SB 1642 would add an executive director to the Texas Department of Insurance structure; and SB 1789 would establish pole standards and clarify PUC authority and remedies. The committee also heard an ERCOT update from CEO Pablo Vegas on the updated long-term load forecast, which showed a much higher unadjusted growth projection driven largely by data centers. ERCOT described an adjusted forecast using historical delays and lower realized build rates, and members discussed reliability, generation timelines, and the importance of SB 6 for demand response and flexibility. The committee then heard and left pending SB 2629, which would allow condominium and property owners’ association meetings and voting by electronic means; SB 2702, which would let nationally certified professionals test backflow prevention assemblies without a separate TCEQ license; SB 2167, which would let TDLR pause new license applications tied to human trafficking emergency orders or pending SOAH cases; SB 2349, which would exempt short-term leases and certain leasebacks from flood disclosure requirements; SB 2121, which would tighten the data broker registry law; and SB 2443, which would authorize TDLR electronic delivery of notices and other documents. Testimony generally supported these bills as cleanup, modernization, or workforce-streamlining measures, with some members expressing caution about electronic meetings and emphasizing in-person accountability. The committee also heard SB 2902 on coerced debt and identity theft, with testimony from a law professor and family violence advocates supporting stronger protections for survivors and suggesting a police report as an additional proof option. SB 512, a refiled bill restricting money transmission license holders from fining users for terms-of-service violations, also received supportive testimony and was left pending. Later, the committee heard SB 2145 on allowing certain TIF boards to meet virtually in narrow circumstances, SB 2268 on extending Texas Energy Fund loan deadlines in some cases, SB 1495 creating an EV supply equipment advisory board, SB 2154 regulating delivery network companies under a statewide framework, SB 2184 lowering the age for pyrotechnic operator and fireworks display permits from 21 to 18, SB 2211 on combining data centers, power generation, and produced-water desalination projects, and SB 647 on title theft protections and clerk authority to refuse fraudulent filings. Most of these bills were left pending after brief testimony and questions, with members focusing on reliability, regulation, and safeguards against fraud.
TX

Texas 89th 2nd C.S.

Business and Commerce Apr 10th, 2025

Business & Commerce

Transcript Highlights:
  • I've been invited as an expert by the Texas Real Estate and Probate Institute.
  • , it's inconsistent in the Property Code.
  • But again, it's already allowed in code and statute.
  • Property Code, a separate part of the code, a separate statute, to make sure that it's clear because
  • it's inconsistent in the Property Code.
Summary: The Senate Committee on Business and Commerce met with a quorum and first voted out several pending bills. Senate Bill 1612 was reported favorably to the full Senate with objections sent to the local and contested calendar. The committee then adopted committee substitutes and favorably reported Senate Bills 2717, 1468, 1642, and 1789, with 1642 and 1789 sent to the floor. SB 2717 would create the Texas Energy Efficiency Council and add agencies to it; SB 1468 and SB 1642 were discussed as changes affecting utility and insurance-related structures; and SB 1789 would establish pole standards, with the author saying it would clarify PUC authority and create more practical statewide standards. The committee also heard an ERCOT update from Pablo Vegas, who said Texas load growth remains strong but ERCOT is adjusting its large-load forecast downward using historical delays and realization rates for data centers and other large loads. He said the adjusted forecast is still very high, but more realistic for planning, and members discussed reliability, generation timelines, demand response, and the role of Senate Bill 6 in helping model large data centers as flexible load. The committee then took testimony on a series of bills and left most pending after public comment. SB 2629 would allow condominium and property owners associations to hold meetings and vote electronically; testimony supported it as a way to improve access, though some members expressed concern about overuse of virtual meetings. SB 2702 would let nationally certified professionals test backflow prevention assemblies instead of requiring a separate TCEQ license, and was supported as a workforce and public health measure. SB 2167 would let TDLR pause new massage-establishment license applications when an applicant is subject to a human trafficking emergency order or pending SOAH case. SB 2349 would exempt short-term residential leases and certain leasebacks from floodplain disclosure requirements while allowing the notice to be included in the lease packet. SB 2121 would tighten the data broker registry law from the prior session, and SB 2443 would allow TDLR to use electronic delivery for notices and contested-case documents. Additional bills focused on consumer protection, housing, and regulatory administration. SB 2902 would help victims of coerced debt and identity theft stop collection efforts by requiring proof such as a court order or FTC report; advocates said it would protect survivors while still preventing fraud. SB 512 would bar money transmission license holders from fining users for terms-of-service violations in a way that forfeits account funds, and supporters framed it as a protection against private financial penalties. SB 2145 would allow public improvement districts and tax increment finance districts to meet virtually with at least one member physically present, while SB 2268 would give the PUC flexibility to extend Texas Energy Fund loan deadlines in certain cases. SB 1495 would create an advisory board for electric vehicle supply equipment standards, SB 2154 would extend statewide regulation to delivery network companies, SB 2184 would lower the age for pyrotechnic operator and fireworks display licenses from 21 to 18, SB 438 would expand confidentiality protections for SOAH administrative law judges, SB 2211 would treat digital products and desalinated water as industrial products to support combined energy-water projects, and SB 647 would strengthen title-theft protections by improving notice and clerk authority to reject fraudulent filings. Most of these bills were left pending after testimony, and several drew support from industry, consumer, or advocacy witnesses along with some member concerns about electronic meetings, licensing, and data accuracy.