| |
| |
| |
|
|
AN ACT
|
|
|
relating to disclaimers of estate property by certain |
|
|
beneficiaries. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 122.051, Estates Code, as effective |
|
|
January 1, 2014, is amended to read as follows: |
|
|
Sec. 122.051. FORM AND CONTENTS. (a) A disclaimer of |
|
|
property receivable by a beneficiary must be evidenced by written |
|
|
memorandum acknowledged before: |
|
|
(1) a notary public; or |
|
|
(2) another person authorized to take acknowledgments |
|
|
of conveyances of real estate. |
|
|
(b) A disclaimer of property receivable by a beneficiary |
|
|
must include a statement regarding whether the beneficiary is a |
|
|
child support obligor described by Section 122.107. |
|
|
SECTION 2. Subchapter C, Chapter 122, Estates Code, as |
|
|
effective January 1, 2014, is amended by adding Section 122.107 to |
|
|
read as follows: |
|
|
Sec. 122.107. ATTEMPTED DISCLAIMERS BY CERTAIN CHILD |
|
|
SUPPORT OBLIGORS INEFFECTIVE. (a) A disclaimer made by a |
|
|
beneficiary who is a child support obligor of estate property that |
|
|
could be applied to satisfy the beneficiary's child support |
|
|
obligation is not effective if the beneficiary owes child support |
|
|
arrearages that have been: |
|
|
(1) administratively determined by the Title IV-D |
|
|
agency as defined by Section 101.033, Family Code, in a Title IV-D |
|
|
case as defined by Section 101.034, Family Code; or |
|
|
(2) confirmed and reduced to judgment as provided by |
|
|
Section 157.263, Family Code. |
|
|
(b) After distribution of estate property to a beneficiary |
|
|
described by Subsection (a), the child support obligee to whom the |
|
|
child support arrearages are owed may enforce the child support |
|
|
obligation by a lien or by any other remedy provided by law. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to a disclaimer filed on or after the effective date of this Act. A |
|
|
disclaimer filed before the effective date of this Act is governed |
|
|
by the law in effect on the date the disclaimer was filed, and the |
|
|
former law is continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect January 1, 2014. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2621 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. 2621 was passed by the Senate on May |
|
|
22, 2013, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |