S.B. No. 2150
 
 
 
 
AN ACT
  relating to a revocable deed that transfers real property at the
  transferor's death.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 114.103(a), Estates Code, is amended to
  read as follows:
         (a)  Except as otherwise provided in the transfer on death
  deed, this section, or any other statute or the common law of this
  state governing a decedent's estate, on the death of the
  transferor, the following rules apply to an interest in real
  property that is the subject of a transfer on death deed and owned
  by the transferor at death:
               (1)  if the designated beneficiary survives the
  transferor by 120 hours, the interest in the real property is
  transferred to the designated beneficiary in accordance with the
  deed;
               (2)  the share [interest] of any [a] designated
  beneficiary that fails to survive the transferor by 120 hours
  lapses, notwithstanding Section 111.052, and is subject to and
  passes in accordance with Subchapter D, Chapter 255, as if the
  transfer on death deed were a devise made in a will; and
               (3)  subject to Subdivision (2) [(4)], concurrent
  interests are transferred to the beneficiaries in equal and
  undivided shares with no right of survivorship[; and
               [(4)     notwithstanding Subdivision (2), if the
  transferor has identified two or more designated beneficiaries to
  receive concurrent interests in the real property, the share of a
  designated beneficiary who predeceases the transferor lapses and is
  subject to and passes in accordance with Subchapter D, Chapter 255,
  as if the transfer on death deed were a devise made in a will].
         SECTION 2.  Section 114.151, Estates Code, is amended to
  read as follows:
         Sec. 114.151.  OPTIONAL FORM FOR TRANSFER ON DEATH DEED. The
  following form may be used to create a transfer on death deed.
  REVOCABLE TRANSFER ON DEATH DEED
  NOTICE OF CONFIDENTIALITY RIGHTS:  IF YOU ARE A NATURAL PERSON, YOU
  MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
  INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
  RECORDS:  YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
  NUMBER.
  IMPORTANT NOTICE TO OWNER:  You should carefully read all the
  information included in the instructions to this form.  You may want
  to consult a lawyer before using this form.
  MUST RECORD DEED:  Before your death, this deed must be recorded
  with the county clerk where the property is located, or it will not
  be effective.
  MARRIED PERSONS:  If you are married and want your spouse to own the
  property on your death, you must name your spouse as the primary
  beneficiary.  If your spouse does not survive you, the property
  will transfer to any listed alternate beneficiary or beneficiaries
  on your death.
  1.  Owner (Transferor) Making this Deed:
         ___________________________    ____________________
         Printed name                    Mailing address
  2.  Legal Description of the Property:
         ___________________________________________________
  3.  Address of the Property (if any) (include county):
         ___________________________________________________
  4.  Primary Beneficiary (Transferee) or Beneficiaries
  (Transferees)
         I designate the following beneficiary or beneficiaries, if
  the beneficiary survives me:
         ___________________________    ____________________
         Printed name                    Mailing address
  5.  Alternate Beneficiary or Beneficiaries (Optional)
         [If no primary beneficiary survives me,] I designate the
  following alternate beneficiary or beneficiaries, if the alternate
  beneficiary survives me:
         ___________________________    ____________________
         Printed name                    Mailing address
  6.  Transfer on Death:  (Choose an option under both A and B below,
  and if you have designated any alternate beneficiaries, choose an
  option under C.)
         At my death, I grant and convey to the primary beneficiary or
  beneficiaries my interest in the property, to have and hold
  forever.  [If at my death I am not survived by any primary
  beneficiary, I grant and convey to the alternate beneficiary or
  beneficiaries, if designated, my interest in the property, to have
  and hold forever.   If the primary and alternate beneficiaries do not
  survive me, this transfer on death deed shall be deemed canceled by
  me.]
  A.  IF AT LEAST ONE PRIMARY BENEFICIARY SURVIVES ME
  (Select either option (1) or (2) by placing your initials next to
  the option chosen. If you do not choose an option, then option (1),
  which is the anti-lapse election, will apply.)
 
         If at least one primary beneficiary survives me, I grant and
  convey the primary beneficiaries' share or shares of the property,
  to have and hold forever, as follows:
         ____ (1)  Anti-Lapse Election. To the surviving primary
  beneficiary or beneficiaries, but if a deceased primary
  beneficiary, if any, was a child or other descendant of mine or of
  one or both of my parents, that deceased primary beneficiary's
  share will pass to the surviving children or other descendants of
  that deceased primary beneficiary.
         ____ (2)  Surviving Primary Beneficiaries Election. To the
  surviving primary beneficiary or beneficiaries only. If a deceased
  primary beneficiary, if any, was a child or other descendant of mine
  or of one or both of my parents, I do not want that deceased primary
  beneficiary's share to pass to the children or other descendants of
  that deceased primary beneficiary.
 
  B.  IF NO PRIMARY BENEFICIARY SURVIVES ME
  (Select either option (1) or (2) by placing your initials next to
  the option chosen. If you do not choose an option, then option (1),
  which is the anti-lapse election, will apply.)
 
         If no primary beneficiary survives me, I grant and convey the
  share of the property that would have transferred to a deceased
  primary beneficiary, to have and hold forever, as follows:
         ____ (1)  Anti-Lapse Election. To the surviving children or
  other descendants of the deceased primary beneficiary, if the
  deceased primary beneficiary was a child or other descendant of
  mine or of one or both of my parents.
         ____ (2)  Surviving Alternate Beneficiaries Election.  To
  the alternate beneficiary or beneficiaries designated above. If
  the deceased primary beneficiary was a child or other descendant of
  mine or of one or both of my parents, I do not want that deceased
  primary beneficiary's share to pass to the children or other
  descendants of that deceased primary beneficiary.
 
         If no primary beneficiary survives me and the anti-lapse
  election is not chosen or that election is chosen, but a deceased
  primary beneficiary is not a child or other descendant of mine or of
  one or both of my parents, I grant and convey to the alternate
  beneficiary or beneficiaries my share in the property that
  otherwise would have transferred to the deceased primary
  beneficiary, to have and hold forever. If I have not designated
  alternate beneficiaries, this transfer on death deed shall be
  considered cancelled by me.
 
  C.  IF AN ALTERNATE BENEFICIARY DOES NOT SURVIVE ME
  (Select either option (1) or (2) by placing your initials next to
  the option chosen. If you do not choose an option, then option (1),
  which is the anti-lapse election, will apply.)
 
         If an alternate beneficiary does not survive me, I grant and
  convey that alternate beneficiary's share of the property as
  follows:
         ____ (1)  Anti-Lapse Election. To the surviving alternate
  beneficiary or beneficiaries, but if the deceased alternate
  beneficiary was a child or other descendant of mine or of one or
  both of my parents, that deceased alternate beneficiary's share
  will pass to the surviving children or other descendants of that
  deceased alternate beneficiary.
         ____ (2)  Surviving Alternate Beneficiaries Election. To
  the surviving alternate beneficiary or beneficiaries only. If the
  deceased alternate beneficiary was a child or other descendant of
  mine or of one or both of my parents, I do not want that deceased
  alternate beneficiary's share to pass to the children or other
  descendants of that deceased alternate beneficiary.
 
         If no alternate beneficiary survives me and the anti-lapse
  election is not chosen or that election is chosen, but no deceased
  alternate beneficiary was a child or other descendant of mine or of
  one or both of my parents, this transfer on death deed shall be
  considered cancelled by me.
  7.  Printed Name and Signature of Owner Making this Deed:
         ___________________________    ____________________
         Printed Name                      Date
         ___________________________
         Signature
  BELOW LINE FOR NOTARY ONLY
 
  Acknowledgment
  STATE OF ____________________
  COUNTY OF ___________________
  This instrument was acknowledged before me on the ______ day of
  ______________, 20____,
  by ___________________.
                                       
                                       Notary Public, State of
  After recording, return to:
  (insert name and mailing address)
  ________________________________
  ________________________________
  INSTRUCTIONS FOR TRANSFER ON DEATH DEED
  DO NOT RECORD THESE INSTRUCTIONS
  Instructions for Completing the Form
  1.  Owner (Transferor) Making this Deed:  Enter your first, middle
  (if any), and last name here, along with your mailing address.
  2.  Legal Description of the Property:  Enter the formal legal
  description of the property.  This information is different from
  the mailing and physical address for the property and is necessary
  to complete the form.  To find this information, look on the deed
  you received when you became an owner of the property.  This
  information may also be available in the office of the county clerk
  for the county where the property is located.  Do NOT use your tax
  bill to find this information.  If you are not absolutely sure,
  consult a lawyer.
  3.  Address of the Property:  Enter the physical address of the
  property.
  4.  Primary Beneficiary or Beneficiaries:  Enter the first and
  last name of each person you want to get the property when you die.  
  If you are married and want your spouse to get the property when you
  die, enter your spouse's first and last name (even if you and your
  spouse own the property together).
  5.  Alternate Beneficiary or Beneficiaries:  Enter the first and
  last name of each person you want to get the property if no primary
  beneficiary survives you.
  6.  Transfer on Death:  You should carefully read the language
  describing the options and choose an option under both A and B of
  Paragraph 6, and if you have listed any alternate beneficiaries,
  choose an option under C of Paragraph 6 [No action needed].
  7.  Printed Name and Signature of Owner:  Do not sign your name or
  enter the date until you are before a notary.  Include your printed
  name.
  8.  Acknowledgment:  This deed must be signed before a notary.  The
  notary will fill out this section of the deed.
         SECTION 3.  The changes in law made by this Act apply to a
  transfer on death deed executed and acknowledged on or after the
  effective date of this Act. A transfer on death deed executed and
  acknowledged before the effective date of this Act is governed by
  the law in effect on the date the transfer on death deed was
  executed and acknowledged, and the former law is continued in
  effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 2150 passed the Senate on
  April 19, 2017, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 2150 passed the House on
  May 21, 2017, by the following vote:  Yeas 141, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor