H.B. No. 2380
 
 
 
 
AN ACT
  relating to a provision in a will or trust that would cause a
  forfeiture of or void an interest for bringing any court action,
  including contesting the will or trust.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. CHANGES TO TEXAS PROBATE CODE
         SECTION 1.01.  Section 64, Texas Probate Code, is amended to
  read as follows:
         Sec. 64.  FORFEITURE CLAUSE.  A provision in a will that
  would cause a forfeiture of or void a devise or provision in favor
  of a person for bringing any court action, including contesting a
  will, is enforceable unless in a court action determining whether
  the forfeiture clause should be enforced, the person who brought
  the action contrary to the forfeiture clause establishes by a
  preponderance of the evidence that [unenforceable if]:
               (1)  just cause existed for bringing the action; and
               (2)  the action was brought and maintained in good
  faith.
  ARTICLE 2. CHANGES TO ESTATES CODE
         SECTION 2.01.  Section 254.005, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 254.005.  FORFEITURE CLAUSE.  A provision in a will
  that would cause a forfeiture of or void a devise or provision in
  favor of a person for bringing any court action, including
  contesting a will, is enforceable unless in a court action
  determining whether the forfeiture clause should be enforced, the
  person who brought the action contrary to the forfeiture clause
  establishes by a preponderance of the evidence that [unenforceable
  if]:
               (1)  just cause existed for bringing the action; and
               (2)  the action was brought and maintained in good
  faith.
         SECTION 2.02.  Section 64, Texas Probate Code, as amended by
  Article 1 of this Act, is repealed.
         SECTION 2.03.  This article takes effect January 1, 2014.
  ARTICLE 3. CHANGES TO PROPERTY CODE
         SECTION 3.01.  Section 112.038, Property Code, is amended to
  read as follows:
         Sec. 112.038.  FORFEITURE CLAUSE.  A provision in a trust
  that would cause a forfeiture of or void an interest for bringing
  any court action, including contesting a trust, is enforceable
  unless in a court action determining whether the forfeiture clause
  should be enforced, the person who brought the action contrary to
  the forfeiture clause establishes by a preponderance of the
  evidence that [unenforceable if]:
               (1)  just cause existed for bringing the action; and
               (2)  the action was brought and maintained in good
  faith.
         SECTION 3.02.  Section 112.038, Property Code, as amended by
  this Act, applies to a court action commenced on or after the
  effective date of this Act. An action commenced before the
  effective date of this Act is governed by the law applicable to the
  action immediately before the effective date of this Act, and that
  law is continued in effect for that purpose.
  ARTICLE 4. EFFECTIVE DATE
         SECTION 4.01.  Except as otherwise provided by this Act,
  this Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2380 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. 2380 was passed by the Senate on May
  17, 2013, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor