AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
As proposed, S.B. 543 amends current law relating to a probate fee exemption for estates of certain law enforcement officers, firefighters, and others killed in the line of duty.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
ARTICLE I. TEXAS PROBATE CODE
SECTION 1.01. Amends Chapter I, Texas Probate Court, by adding Section 11B to read as follows:
Sec. 11B. EXEMPTION FROM PROBATE FEES FOR ESTATES OF CERTAIN LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND OTHERS. (a) Defines in this section, "eligible decedent," "line of duty," and "personal injury."
(b) Prohibits the clerk of a court, notwithstanding any other law, from charging, or collecting from, the estate of an eligible decedent any of the following fees if the decedent died as a result of a personal injury sustained in the line of duty in the individual's position as described by Section 615.003 (Applicability), Government Code:
(1) a fee for or associated with the filing of the decedent's will for probate; and
(2) a fee for any service rendered by the court regarding the administration of the decedent's estate.
SECTION 1.02. Makes application of this Article prospective.
ARTICLE 2. ESTATES CODE
SECTION 2.01. Amends Subchapter B, Chapter 53, Estates Code, by adding Section 53.054 as follows:
Sec. 53.054. EXEMPTION FROM PROBATE FEES FOR ESTATES OF CERTAIN LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND OTHERS. (a) Defines in this section,"eligible decedent," "line of duty," and "personal injury."
(b) Prohibits the clerk of a court, notwithstanding any other law, from charging, or collecting from, the estate of an eligible decedent any of the following fees if the decedent died as a result of a personal injury sustained in the line of duty in the individual's position as described by Section 615.003, Government Code:
(1) a fee for or associated with the filing of the decedent's will for probate; and
(2) a fee for any service rendered by the court regarding the administration of the decedent's estate.
SECTION 2.02. Repealer: Section 11B, Texas Probate Code, as added by Article 1 of this Act.
SECTION 2.03. Effective date, this Article: January 1, 2014.
ARTICLE. EFFECTIVE DATE
SECTION 3.01. Effective date, except as otherwise provided by this Act: September 1, 2011.