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A BILL TO BE ENTITLED
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AN ACT
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relating to a probate fee exemption for estates of certain law |
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enforcement officers, firefighters, and others killed in the line |
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of duty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. TEXAS PROBATE CODE |
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SECTION 1.01. Chapter I, Texas Probate Code, is amended by |
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adding Section 11B to read as follows: |
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Sec. 11B. EXEMPTION FROM PROBATE FEES FOR ESTATES OF |
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CERTAIN LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND OTHERS. |
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(a) In this section: |
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(1) "Eligible decedent" means an individual listed in |
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Section 615.003, Government Code. |
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(2) "Line of duty" and "personal injury" have the |
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meanings assigned by Section 615.021(e), Government Code. |
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(b) Notwithstanding any other law, the clerk of a court may |
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not charge, or collect from, the estate of an eligible decedent any |
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of the following fees if the decedent died as a result of a personal |
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injury sustained in the line of duty in the individual's position as |
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described by Section 615.003, Government Code: |
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(1) a fee for or associated with the filing of the |
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decedent's will for probate; and |
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(2) a fee for any service rendered by the court |
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regarding the administration of the decedent's estate. |
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SECTION 1.02. The changes in law made by this article apply |
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only to the estate of a decedent who dies on or after the effective |
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date of this Act. The estate of a decedent who dies before the |
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effective date of this Act is governed by the law in effect on the |
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date of the decedent's death, and the former law is continued in |
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effect for that purpose. |
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ARTICLE 2. ESTATES CODE |
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SECTION 2.01. Subchapter B, Chapter 53, Estates Code, is |
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amended by adding Section 53.054 to read as follows: |
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Sec. 53.054. EXEMPTION FROM PROBATE FEES FOR ESTATES OF |
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CERTAIN LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND OTHERS. |
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(a) In this section: |
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(1) "Eligible decedent" means an individual listed in |
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Section 615.003, Government Code. |
|
(2) "Line of duty" and "personal injury" have the |
|
meanings assigned by Section 615.021(e), Government Code. |
|
(b) Notwithstanding any other law, the clerk of a court may |
|
not charge, or collect 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 |
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(2) a fee for any service rendered by the court |
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regarding the administration of the decedent's estate. |
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SECTION 2.02. Section 11B, Texas Probate Code, as added by |
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Article 1 of this Act, is repealed. |
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SECTION 2.03. This article takes effect January 1, 2014. |
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ARTICLE 3. EFFECTIVE DATE |
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SECTION 3.01. Except as otherwise provided by this Act, |
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this Act takes effect September 1, 2011. |