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  H.B. No. 1974
 
 
 
 
AN ACT
  relating to durable powers of attorney.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 751, Estates Code, is
  amended by adding Section 751.0015 to read as follows:
         Sec. 751.0015.  APPLICABILITY OF SUBTITLE. This subtitle
  applies to all durable powers of attorney except:
               (1)  a power of attorney to the extent it is coupled
  with an interest in the subject of the power, including a power of
  attorney given to or for the benefit of a creditor in connection
  with a credit transaction;
               (2)  a medical power of attorney, as defined by Section
  166.002, Health and Safety Code;
               (3)  a proxy or other delegation to exercise voting
  rights or management rights with respect to an entity; or
               (4)  a power of attorney created on a form prescribed by
  a government or governmental subdivision, agency, or
  instrumentality for a governmental purpose.
         SECTION 2.  Subchapter A, Chapter 751, Estates Code, is
  amended by amending Sections 751.002, 751.003, and 751.006 and
  adding Sections 751.00201, 751.0021, 751.0022, 751.0023, 751.0024,
  and 751.007 to read as follows:
         Sec. 751.002.  DEFINITIONS [DEFINITION OF DURABLE POWER OF
  ATTORNEY].  In this subtitle:
               (1)  "Actual knowledge" means the knowledge of a person
  without that person making any due inquiry, and without any imputed
  knowledge, except as expressly set forth in Section 751.211(c).
               (2)  "Affiliate" means a business entity that directly
  or indirectly controls, is controlled by, or is under common
  control with another business entity.
               (3)  "Agent" includes:
                     (A)  an attorney in fact; and
                     (B)  a co-agent, successor agent, or successor
  co-agent.
               (4)  "Durable power of attorney" means a writing or
  other record that complies with the requirements of Section
  751.0021(a) or is described by Section 751.0021(b).
               (5)  "Principal" means an adult person who signs or
  directs the signing of the person's name on a power of attorney that
  designates an agent to act on the person's behalf.
               (6)  "Record" means information that is inscribed on a
  tangible medium or that is stored in an electronic or other medium
  and is retrievable in perceivable form.
         Sec. 751.00201.  MEANING OF DISABLED OR INCAPACITATED FOR
  PURPOSES OF DURABLE POWER OF ATTORNEY. Unless otherwise defined by
  a durable power of attorney, a person is considered disabled or
  incapacitated for purposes of the durable power of attorney if a
  physician certifies in writing at a date later than the date the
  durable power of attorney is executed that, based on the
  physician's medical examination of the person, the person is
  determined to be mentally incapable of managing the person's
  financial affairs.
         Sec. 751.0021.  REQUIREMENTS OF DURABLE POWER OF ATTORNEY.
  (a)  An instrument is a durable power of attorney for purposes of
  this subtitle if the [A "durable power of attorney" means a written]
  instrument [that]:
               (1)  is a writing or other record that designates
  another person as [attorney in fact or] agent and grants authority
  to that agent to act in the place of the principal, regardless of
  whether the term "power of attorney" is used;
               (2)  is signed by an adult principal or in the adult
  principal's conscious presence by another adult directed by the
  principal to sign the principal's name on the instrument;
               (3)  contains:
                     (A)  the words:
                           (i)  "This power of attorney is not affected
  by subsequent disability or incapacity of the principal"; or
                           (ii)  "This power of attorney becomes
  effective on the disability or incapacity of the principal"; or
                     (B)  words similar to those of Paragraph (A) that
  clearly indicate [show the principal's intent] that the authority
  conferred on the [attorney in fact or] agent shall be exercised
  notwithstanding the principal's subsequent disability or
  incapacity; and
               (4)  is acknowledged by the principal or another adult
  directed by the principal as authorized by Subdivision (2) before
  an officer authorized under the laws of this state or another state
  to:
                     (A)  take acknowledgments to deeds of conveyance;
  and
                     (B)  administer oaths.
         (b)  If the law of a jurisdiction other than this state
  determines the meaning and effect of a writing or other record that
  grants authority to an agent to act in the place of the principal,
  regardless of whether the term "power of attorney" is used, and that
  law provides that the authority conferred on the agent is
  exercisable notwithstanding the principal's subsequent disability
  or incapacity, the writing or other record is considered a durable
  power of attorney under this subtitle.
         Sec. 751.0022.  PRESUMPTION OF GENUINE SIGNATURE. A
  signature on a durable power of attorney that purports to be the
  signature of the principal or of another adult directed by the
  principal as authorized by Section 751.0021(a)(2) is presumed to be
  genuine, and the durable power of attorney is presumed to have been
  executed under Section 751.0021(a) if the officer taking the
  acknowledgment has complied with the requirements of Section
  121.004(b), Civil Practice and Remedies Code.
         Sec. 751.0023.  VALIDITY OF POWER OF ATTORNEY. (a)  A
  durable power of attorney executed in this state is valid if the
  execution of the instrument complies with Section 751.0021(a).
         (b)  A durable power of attorney executed in a jurisdiction
  other than this state is valid in this state if, when executed, the
  execution of the durable power of attorney complied with:
               (1)  the law of the jurisdiction that determines the
  meaning and effect of the durable power of attorney as provided by
  Section 751.0024; or
               (2)  the requirements for a military power of attorney
  as provided by 10 U.S.C. Section 1044b.
         (c)  Except as otherwise provided by statute other than this
  subtitle or by the durable power of attorney, a photocopy or
  electronically transmitted copy of an original durable power of
  attorney has the same effect as the original instrument and may be
  relied on, without liability, by a person who is asked to accept the
  durable power of attorney to the same extent as the original.
         Sec. 751.0024.  MEANING AND EFFECT OF DURABLE POWER OF
  ATTORNEY. The meaning and effect of a durable power of attorney is
  determined by the law of the jurisdiction indicated in the durable
  power of attorney and, in the absence of an indication of
  jurisdiction, by:
               (1)  the law of the jurisdiction of the principal's
  domicile, if the principal's domicile is indicated in the power of
  attorney; or
               (2)  the law of the jurisdiction in which the durable
  power of attorney was executed, if the principal's domicile is not
  indicated in the power of attorney.
         Sec. 751.003.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.
  This subtitle shall be applied and construed to effect the  general
  purpose of this subtitle, which is to make uniform to the fullest
  extent possible the law with respect to the subject of this subtitle
  among states enacting these provisions.
         Sec. 751.006.  REMEDIES UNDER OTHER LAW [RIGHTS CUMULATIVE].
  The remedies [rights set out] under this chapter [subtitle] are not
  exclusive and do not abrogate any right or remedy under any law of
  this state other than this chapter [cumulative of any other rights
  or remedies the principal may have at common law or other applicable
  statutes and are not in derogation of those rights].
         Sec. 751.007.  CONFLICT WITH OR EFFECT ON OTHER LAW. This
  subtitle does not:
               (1)  supersede any other law applicable to financial
  institutions or other entities, and to the extent of any conflict
  between this subtitle and another law applicable to an entity, the
  other law controls; or
               (2)  have the effect of validating a conveyance of an
  interest in real property executed by an agent under a durable power
  of attorney if the conveyance is determined under a statute or
  common law to be void but not voidable.
         SECTION 3.  Chapter 751, Estates Code, is amended by adding
  Subchapters A-1 and A-2 to read as follows:
  SUBCHAPTER A-1. APPOINTMENT OF AGENTS
         Sec. 751.021.  CO-AGENTS.  A principal may designate in a
  durable power of attorney two or more persons to act as co-agents.
  Unless the durable power of attorney otherwise provides, each
  co-agent may exercise authority independently of the other
  co-agent.
         Sec. 751.022.  ACCEPTANCE OF APPOINTMENT AS AGENT. Except
  as otherwise provided in the durable power of attorney, a person
  accepts appointment as an agent under a durable power of attorney by
  exercising authority or performing duties as an agent or by any
  other assertion or conduct indicating acceptance of the
  appointment.
         Sec. 751.023.  SUCCESSOR AGENTS.  (a)  A principal may
  designate in a durable power of attorney one or more successor
  agents to act if an agent resigns, dies, or becomes incapacitated,
  is not qualified to serve, or declines to serve.
         (b)  A principal may grant authority to designate one or more
  successor agents to an agent or other person designated by name,
  office, or function.
         (c)  Unless the durable power of attorney otherwise
  provides, a successor agent:
               (1)  has the same authority as the authority granted to
  the predecessor agent; and
               (2)  is not considered an agent under this subtitle and
  may not act until all predecessor agents, including co-agents, to
  the successor agent have resigned, died, or become incapacitated,
  are not qualified to serve, or have declined to serve.
         Sec. 751.024.  REIMBURSEMENT AND COMPENSATION OF AGENT.
  Unless the durable power of attorney otherwise provides, an agent
  is entitled to:
               (1)  reimbursement of reasonable expenses incurred on
  the principal's behalf; and
               (2)  compensation that is reasonable under the
  circumstances.
  SUBCHAPTER A-2. AUTHORITY OF AGENT UNDER DURABLE POWER OF ATTORNEY
         Sec. 751.031.  GRANTS OF AUTHORITY IN GENERAL AND CERTAIN
  LIMITATIONS. (a) Subject to Subsections (b), (c), and (d) and
  Section 751.032, if a durable power of attorney grants to an agent
  the authority to perform all acts that the principal could perform,
  the agent has the general authority conferred by Subchapter C,
  Chapter 752.
         (b)  An agent may take the following actions on the
  principal's behalf or with respect to the principal's property only
  if the durable power of attorney designating the agent expressly
  grants the agent the authority and the exercise of the authority is
  not otherwise prohibited by another agreement or instrument to
  which the authority or property is subject:
               (1)  create, amend, revoke, or terminate an inter vivos
  trust;
               (2)  make a gift;
               (3)  create or change rights of survivorship;
               (4)  create or change a beneficiary designation; or
               (5)  delegate authority granted under the power of
  attorney.
         (c)  Notwithstanding a grant of authority to perform an act
  described by Subsection (b), unless the durable power of attorney
  otherwise provides, an agent who is not an ancestor, spouse, or
  descendant of the principal may not exercise authority under the
  power of attorney to create in the agent, or in an individual to
  whom the agent owes a legal obligation of support, an interest in
  the principal's property, whether by gift, right of survivorship,
  beneficiary designation, disclaimer, or otherwise.
         (d)  Subject to Subsections (b) and (c) and Section 751.032,
  if the subjects over which authority is granted in a durable power
  of attorney are similar or overlap, the broadest authority
  controls.
         (e)  Authority granted in a durable power of attorney is
  exercisable with respect to property that the principal has when
  the power of attorney is executed or acquires later, regardless of
  whether:
               (1)  the property is located in this state; and
               (2)  the authority is exercised in this state or the
  power of attorney is executed in this state.
         Sec. 751.032.  GIFT AUTHORITY. (a) In this section, a gift
  for the benefit of a person includes a gift to:
               (1)  a trust;
               (2)  an account under the Texas Uniform Transfers to
  Minors Act (Chapter 141, Property Code) or a similar law of another
  state; and
               (3)  a qualified tuition program of any state that
  meets the requirements of Section 529, Internal Revenue Code of
  1986.
         (b)  Unless the durable power of attorney otherwise
  provides, a grant of authority to make a gift is subject to the
  limitations prescribed by this section.
         (c)  Language in a durable power of attorney granting general
  authority with respect to gifts authorizes the agent to only:
               (1)  make outright to, or for the benefit of, a person a
  gift of any of the principal's property, including by the exercise
  of a presently exercisable general power of appointment held by the
  principal, in an amount per donee not to exceed:
                     (A)  the annual dollar limits of the federal gift
  tax exclusion under Section 2503(b), Internal Revenue Code of 1986,
  regardless of whether the federal gift tax exclusion applies to the
  gift; or
                     (B)  if the principal's spouse agrees to consent
  to a split gift as provided by Section 2513, Internal Revenue Code
  of 1986, twice the annual federal gift tax exclusion limit; and
               (2)  consent, as provided by Section 2513, Internal
  Revenue Code of 1986, to the splitting of a gift made by the
  principal's spouse in an amount per donee not to exceed the
  aggregate annual federal gift tax exclusions for both spouses.
         (d)  An agent may make a gift of the principal's property
  only as the agent determines is consistent with the principal's
  objectives if the agent actually knows those objectives.  If the
  agent does not know the principal's objectives, the agent may make a
  gift of the principal's property only as the agent determines is
  consistent with the principal's best interest based on all relevant
  factors, including the factors listed in Section 751.122 and the
  principal's personal history of making or joining in making gifts.
         Sec. 751.033.  AUTHORITY TO CREATE OR CHANGE CERTAIN
  BENEFICIARY DESIGNATIONS. (a)  Unless the durable power of
  attorney otherwise provides, and except as provided by Section
  751.031(c), authority granted to an agent under Section
  751.031(b)(4) empowers the agent to:
               (1)  create or change a beneficiary designation under
  an account, contract, or another arrangement that authorizes the
  principal to designate a beneficiary, including an insurance or
  annuity contract, a qualified or nonqualified retirement plan,
  including a retirement plan as defined by Section 752.113, an
  employment agreement, including a deferred compensation agreement,
  and a residency agreement;
               (2)  enter into or change a P.O.D. account or trust
  account under Chapter 113; or
               (3)  create or change a nontestamentary payment or
  transfer under Chapter 111.
         (b)  If an agent is granted authority under Section
  751.031(b)(4) and the durable power of attorney grants the
  authority to the agent described in Section 752.108 or 752.113,
  then, unless the power of attorney otherwise provides, the
  authority of the agent to designate the agent as a beneficiary is
  not subject to the limitations prescribed by Sections 752.108(b)
  and 752.113(c).
         (c)  If an agent is not granted authority under Section
  751.031(b)(4) but the durable power of attorney grants the
  authority to the agent described in Section 752.108 or 752.113,
  then, unless the power of attorney otherwise provides and
  notwithstanding Section 751.031, the agent's authority to
  designate the agent as a beneficiary is subject to the limitations
  prescribed by Sections 752.108(b) and 752.113(c).
         Sec. 751.034.  INCORPORATION OF AUTHORITY. (a) An agent has
  authority described in this chapter if the durable power of
  attorney refers to general authority with respect to the
  descriptive term for the subjects stated in Chapter 752 or cites the
  section in which the authority is described.
         (b)  A reference in a durable power of attorney to general
  authority with respect to the descriptive term for a subject in
  Chapter 752 or a citation to one of those sections incorporates the
  entire section as if the section were set out in its entirety in the
  power of attorney.
         (c)  A principal may modify authority incorporated by
  reference.
         SECTION 4.  Sections 751.051, 751.057, 751.101, 751.102,
  751.103, 751.104, 751.105, and 751.106, Estates Code, are amended
  to read as follows:
         Sec. 751.051.  EFFECT OF ACTS PERFORMED BY [ATTORNEY IN FACT
  OR] AGENT [DURING PRINCIPAL'S DISABILITY OR INCAPACITY]. An [Each]
  act performed by an [attorney in fact or] agent under a durable
  power of attorney [during a period of the principal's disability or
  incapacity] has the same effect[,] and inures to the benefit of and
  binds the principal and the principal's successors in interest[,]
  as if the principal had performed the act [were not disabled or
  incapacitated].
         Sec. 751.057.  EFFECT OF BANKRUPTCY PROCEEDING. (a) The
  filing of a voluntary or involuntary petition in bankruptcy in
  connection with the debts of a principal who has executed a durable
  power of attorney does not revoke or terminate the agency as to the
  principal's [attorney in fact or] agent.
         (b)  Any act the [attorney in fact or] agent may undertake
  with respect to the principal's property is subject to the
  limitations and requirements of the United States Bankruptcy Code
  (11 U.S.C. Section 101 et seq.) until a final determination is made
  in the bankruptcy proceeding.
         Sec. 751.101.  FIDUCIARY DUTIES. A person who accepts
  appointment as an agent under a durable power of attorney as
  provided by Section 751.022 [An attorney in fact or agent] is a
  fiduciary as to the principal only when acting as an agent under the
  power of attorney and has a duty to inform and to account for
  actions taken under the power of attorney.
         Sec. 751.102.  DUTY TO TIMELY INFORM PRINCIPAL. (a) The
  [attorney in fact or] agent shall timely inform the principal of
  each action taken under a durable [the] power of attorney.
         (b)  Failure of an [attorney in fact or] agent to timely
  inform, as to third parties, does not invalidate any action of the
  [attorney in fact or] agent.
         Sec. 751.103.  MAINTENANCE OF RECORDS. (a)  The [attorney
  in fact or] agent shall maintain records of each action taken or
  decision made by the [attorney in fact or] agent.
         (b)  The [attorney in fact or] agent shall maintain all
  records until delivered to the principal, released by the
  principal, or discharged by a court.
         Sec. 751.104.  ACCOUNTING. (a)  The principal may demand an
  accounting by the [attorney in fact or] agent.
         (b)  Unless otherwise directed by the principal, an
  accounting under Subsection (a) must include:
               (1)  the property belonging to the principal that has
  come to the [attorney in fact's or] agent's knowledge or into the
  [attorney in fact's or] agent's possession;
               (2)  each action taken or decision made by the
  [attorney in fact or] agent;
               (3)  a complete account of receipts, disbursements, and
  other actions of the [attorney in fact or] agent that includes
  the  source and nature of each receipt, disbursement, or action,
  with receipts of principal and income shown separately;
               (4)  a listing of all property over which the [attorney
  in fact or] agent has exercised control that includes:
                     (A)  an adequate description of each asset; and
                     (B)  the asset's current value, if the value is
  known to the [attorney in fact or] agent;
               (5)  the cash balance on hand and the name and location
  of the depository at which the cash balance is kept;
               (6)  each known liability; and
               (7)  any other information and facts known to the
  [attorney in fact or] agent as necessary for a full and definite
  understanding of the exact condition of the property belonging to
  the principal.
         (c)  Unless directed otherwise by the principal, the
  [attorney in fact or] agent shall also provide to the principal all
  documentation regarding the principal's property.
         Sec. 751.105.  EFFECT OF FAILURE TO COMPLY; SUIT. If the
  [attorney in fact or] agent fails or refuses to inform the
  principal, provide documentation, or deliver an accounting under
  Section 751.104 within 60 days of a demand under that section, or a
  longer or shorter period as demanded by the principal or ordered by
  a court, the principal may file suit to:
               (1)  compel the [attorney in fact or] agent to deliver
  the accounting or the assets; or
               (2)  terminate the durable power of attorney.
         Sec. 751.106.  EFFECT OF SUBCHAPTER ON PRINCIPAL'S
  RIGHTS.  This subchapter does not limit the right of the principal
  to terminate the durable power of attorney or to make additional
  requirements of or to give additional instructions to the [attorney
  in fact or] agent.
         SECTION 5.  Chapter 751, Estates Code, is amended by adding
  Subchapters C-1 and C-2 to read as follows:
  SUBCHAPTER C-1. OTHER DUTIES OF AGENT
         Sec. 751.121.  DUTY TO NOTIFY OF BREACH OF FIDUCIARY DUTY BY
  OTHER AGENT.  (a)  An agent who has actual knowledge of a breach or
  imminent breach of fiduciary duty by another agent shall notify the
  principal and, if the principal is incapacitated, take any action
  reasonably appropriate under the circumstances to safeguard the
  principal's best interest. An agent who fails to notify the
  principal or take action as required by this subsection is liable
  for the reasonably foreseeable damages that could have been avoided
  if the agent had notified the principal or taken the action.
         (b)  Except as otherwise provided by Subsection (a) or the
  durable power of attorney, an agent who does not participate in or
  conceal a breach of fiduciary duty committed by another agent,
  including a predecessor agent, is not liable for the actions of the
  other agent.
         Sec. 751.122.  DUTY TO PRESERVE PRINCIPAL'S ESTATE PLAN. An
  agent shall preserve to the extent reasonably possible the
  principal's estate plan to the extent the agent has actual
  knowledge of the plan if preserving the plan is consistent with the
  principal's best interest based on all relevant factors, including:
               (1)  the value and nature of the principal's property;
               (2)  the principal's foreseeable obligations and need
  for maintenance;
               (3)  minimization of taxes, including income, estate,
  inheritance, generation-skipping transfer, and gift taxes; and
               (4)  eligibility for a benefit, a program, or
  assistance under a statute or regulation.
  SUBCHAPTER C-2. DURATION OF DURABLE POWER OF ATTORNEY AND AGENT'S
  AUTHORITY
         Sec. 751.131.  TERMINATION OF DURABLE POWER OF ATTORNEY. A
  durable power of attorney terminates when:
               (1)  the principal dies;
               (2)  the principal revokes the power of attorney;
               (3)  the power of attorney provides that it terminates;
               (4)  the purpose of the power of attorney is
  accomplished;
               (5)  one of the circumstances with respect to an agent
  described by Section 751.132(a)(1), (2), or (3) arises and the
  power of attorney does not provide for another agent to act under
  the power of attorney; or
               (6)  a permanent guardian of the estate of the
  principal has qualified to serve in that capacity as provided by
  Section 751.133.
         Sec. 751.132.  TERMINATION OF AGENT'S AUTHORITY. (a) An
  agent's authority under a durable power of attorney terminates
  when:
               (1)  the principal revokes the authority;
               (2)  the agent dies, becomes incapacitated, is no
  longer qualified, or resigns;
               (3)  the agent's marriage to the principal is dissolved
  by court decree of divorce or annulment or is declared void by a
  court, unless the power of attorney otherwise provides; or
               (4)  the power of attorney terminates.
         (b)  Unless the durable power of attorney otherwise
  provides, an agent's authority may be exercised until the agent's
  authority terminates under Subsection (a), notwithstanding a lapse
  of time since the execution of the power of attorney.
         Sec. 751.134.  EFFECT ON CERTAIN PERSONS OF TERMINATION OF
  DURABLE POWER OF ATTORNEY OR AGENT'S AUTHORITY.  Termination of an
  agent's authority or of a durable power of attorney is not effective
  as to the agent or another person who, without actual knowledge of
  the termination, acts in good faith under or in reliance on the
  power of attorney. An act performed as described by this section,
  unless otherwise invalid or unenforceable, binds the principal and
  the principal's successors in interest.
         Sec. 751.135.  PREVIOUS DURABLE POWER OF ATTORNEY CONTINUES
  IN EFFECT UNTIL REVOKED. The execution of a durable power of
  attorney does not revoke a durable power of attorney previously
  executed by the principal unless the subsequent power of attorney
  provides that the previous power of attorney is revoked or that all
  other durable powers of attorney are revoked.
         SECTION 6.  Section 751.052, Estates Code, is transferred to
  Subchapter C-2, Chapter 751, Estates Code, as added by this Act,
  redesignated as Section 751.133, Estates Code, and amended to read
  as follows:
         Sec. 751.133 [751.052].  RELATION OF [ATTORNEY IN FACT OR]
  AGENT TO COURT-APPOINTED GUARDIAN OF ESTATE. (a)  If, after
  execution of a durable power of attorney, a court of the principal's
  domicile appoints a permanent guardian of the estate of the
  principal, the powers of the [attorney in fact or] agent terminate
  on the qualification of the guardian of the estate.  The [attorney
  in fact or] agent shall:
               (1)  deliver to the guardian of the estate all assets of
  the incapacitated person's [ward's] estate that are in the
  possession of the [attorney in fact or] agent; and
               (2)  account to the guardian of the estate as the
  [attorney in fact or] agent would account to the principal if the
  principal had terminated the powers of the [attorney in fact or]
  agent.
         (b)  If, after execution of a durable power of attorney, a
  court of the principal's domicile appoints a temporary guardian of
  the estate of the principal, the court may suspend the powers of the
  [attorney in fact or] agent on the qualification of the temporary
  guardian of the estate until the date the term of the temporary
  guardian expires.  This subsection may not be construed to prohibit
  the application for or issuance of a temporary restraining order
  under applicable law.
         SECTION 7.  Section 751.151, Estates Code, is amended to
  read as follows:
         Sec. 751.151.  RECORDING FOR REAL PROPERTY TRANSACTIONS
  REQUIRING EXECUTION AND DELIVERY OF INSTRUMENTS.  A durable power
  of attorney for a real property transaction requiring the execution
  and delivery of an instrument that is to be recorded, including a
  release, assignment, satisfaction, mortgage, including a reverse
  mortgage, security agreement, deed of trust, encumbrance, deed of
  conveyance, oil, gas, or other mineral lease, memorandum of a
  lease, lien, including a home equity lien, or other claim or right
  to real property, must be recorded in the office of the county clerk
  of the county in which the property is located not later than the
  30th day after the date the instrument is filed for recording.
         SECTION 8.  Chapter 751, Estates Code, is amended by adding
  Subchapters E and F to read as follows:
  SUBCHAPTER E. ACCEPTANCE OF AND RELIANCE ON DURABLE POWER OF
  ATTORNEY
         Sec. 751.201.  ACCEPTANCE OF DURABLE POWER OF ATTORNEY
  REQUIRED; EXCEPTIONS. (a) Unless one or more grounds for refusal
  under Section 751.206 exist, a person who is presented with and
  asked to accept a durable power of attorney by an agent with
  authority to act under the power of attorney shall:
               (1)  accept the power of attorney; or
               (2)  before accepting the power of attorney:
                     (A)  request an agent's certification under
  Section 751.203 or an opinion of counsel under Section 751.204 not
  later than the 10th business day after the date the power of
  attorney is presented, except as provided by Subsection (c); or
                     (B)  if applicable, request an English
  translation under Section 751.205 not later than the fifth business
  day after the date the power of attorney is presented, except as
  provided by Subsection (c).
         (b)  Unless one or more grounds for refusal under Section
  751.206 exist and except as provided by Subsection (c), a person who
  requests:
               (1)  an agent's certification must accept the durable
  power of attorney not later than the seventh business day after the
  date the person receives the requested certification; and
               (2)  an opinion of counsel must accept the durable
  power of attorney not later than the seventh business day after the
  date the person receives the requested opinion.
         (c)  An agent presenting a durable power of attorney for
  acceptance and the person to whom the power of attorney is presented
  may agree to extend a period prescribed by Subsection (a) or (b).
         (d)  If an English translation of a durable power of attorney
  is requested as authorized by Subsection (a)(2)(B), the power of
  attorney is not considered presented for acceptance under
  Subsection (a) until the date the requestor receives the
  translation. On and after that date, the power of attorney shall be
  treated as a power of attorney originally prepared in English for
  all the purposes of this subchapter.
         (e)  A person is not required to accept a durable power of
  attorney under this section if the agent refuses to or does not
  provide a requested certification, opinion of counsel, or English
  translation under this subchapter.
         Sec. 751.202.  OTHER FORM OR RECORDING OF DURABLE POWER OF
  ATTORNEY AS CONDITION OF ACCEPTANCE PROHIBITED. A person who is
  asked to accept a durable power of attorney under Section 751.201
  may not require that:
               (1)  an additional or different form of the power of
  attorney be presented for authority that is granted in the power of
  attorney presented to the person; or
               (2)  the power of attorney be recorded in the office of
  a county clerk unless the recording of the instrument is required by
  Section 751.151 or another law of this state.
         Sec. 751.203.  AGENT'S CERTIFICATION. (a) Before accepting
  a durable power of attorney under Section 751.201, the person to
  whom the power of attorney is presented may request that the agent
  presenting the power of attorney provide to the person an agent's
  certification, under penalty of perjury, of any factual matter
  concerning the principal, agent, or power of attorney.  If under its
  terms the power of attorney becomes effective on the disability or
  incapacity of the principal, the person to whom the power of
  attorney is presented may request that the certification include a
  written statement from a physician attending the principal that
  states that the principal is presently disabled or incapacitated.
         (b)  A certification described by Subsection (a) may be in
  the following form:
  CERTIFICATION OF DURABLE POWER OF ATTORNEY BY AGENT
         I, ___________ (agent), certify under penalty of perjury
  that:
         1.  I am the agent named in the power of attorney validly
  executed by ___________ (principal) ("principal") on ____________
  (date), and the power of attorney is now in full force and effect.
         2.  The principal is not deceased and is presently domiciled
  in ___________ (city and state/territory or foreign country).
         3.  To the best of my knowledge after diligent search and
  inquiry:
               a.  The power of attorney has not been revoked by the
  principal or suspended or terminated by the occurrence of any
  event, whether or not referenced in the power of attorney;
               b.  At the time the power of attorney was executed, the
  principal was mentally competent to transact legal matters and was
  not acting under the undue influence of any other person;
               c.  A permanent guardian of the estate of the principal
  has not qualified to serve in that capacity;
               d.  My powers under the power of attorney have not been
  suspended by a court in a temporary guardianship or other
  proceeding;
               e.  If I am (or was) the principal's spouse, my marriage
  to the principal has not been dissolved by court decree of divorce
  or annulment or declared void by a court, or the power of attorney
  provides specifically that my appointment as the agent for the
  principal does not terminate if my marriage to the principal has
  been dissolved by court decree of divorce or annulment or declared
  void by a court;
               f.  No proceeding has been commenced for a temporary or
  permanent guardianship of the person or estate, or both, of the
  principal; and
               g.  The exercise of my authority is not prohibited by
  another agreement or instrument.
         4.  If under its terms the power of attorney becomes
  effective on the disability or incapacity of the principal or at a
  future time or on the occurrence of a contingency, the principal now
  has a disability or is incapacitated or the specified future time or
  contingency has occurred.
         5.  I am acting within the scope of my authority under the
  power of attorney, and my authority has not been altered or
  terminated.
         6.  If applicable, I am the successor to ___________
  (predecessor agent), who has resigned, died, or become
  incapacitated, is not qualified to serve or has declined to serve as
  agent, or is otherwise unable to act.  There are no unsatisfied
  conditions remaining under the power of attorney that preclude my
  acting as successor agent.
         7.  I agree not to:
               a.  Exercise any powers granted by the power of
  attorney if I attain knowledge that the power of attorney has been
  revoked, suspended, or terminated; or
               b.  Exercise any specific powers that have been
  revoked, suspended, or terminated.
         8.  A true and correct copy of the power of attorney is
  attached to this document.
         9.  If used in connection with an extension of credit under
  Section 50(a)(6), Article XVI, Texas Constitution, the power of
  attorney was executed in the office of the lender, the office of a
  title company, or the law office of ____________________.
  Date: __________, 20__.
         __________________________________ (signature of agent)
         (c)  A certification made in compliance with this section is
  conclusive proof of the factual matter that is the subject of the
  certification.
         Sec. 751.204.  OPINION OF COUNSEL. (a) Before accepting a
  durable power of attorney under Section 751.201, the person to whom
  the power of attorney is presented may request from the agent
  presenting the power of attorney an opinion of counsel regarding
  any matter of law concerning the power of attorney so long as the
  person provides to the agent the reason for the request in a writing
  or other record.
         (b)  Except as otherwise provided in an agreement to extend
  the request period under Section 751.201(c), an opinion of counsel
  requested under this section must be provided by the principal or
  agent, at the principal's expense.  If, without an extension, the
  requestor requests the opinion later than the 10th business day
  after the date the durable power of attorney is presented to the
  requestor, the principal or agent may, but is not required to,
  provide the opinion, at the requestor's expense.
         Sec. 751.205.  ENGLISH TRANSLATION. (a)  Before accepting a
  durable power of attorney under Section 751.201 that contains,
  wholly or partly, language other than English, the person to whom
  the power of attorney is presented may request from the agent
  presenting the power of attorney an English translation of the
  power of attorney.
         (b)  Except as otherwise provided in an agreement to extend
  the request period under Section 751.201(c), an English translation
  requested under this section must be provided by the principal or
  agent, at the principal's expense.  If, without an extension, the
  requestor requests the translation later than the fifth business
  day after the date the durable power of attorney is presented to the
  requestor, the principal or agent may, but is not required to,
  provide the translation, at the requestor's expense.
         Sec. 751.206.  GROUNDS FOR REFUSING ACCEPTANCE. A person is
  not required to accept a durable power of attorney under this
  subchapter if:
               (1)  the person would not otherwise be required to
  engage in a transaction with the principal under the same
  circumstances, including a circumstance in which the agent seeks
  to:
                     (A)  establish a customer relationship with the
  person under the power of attorney when the principal is not already
  a customer of the person or expand an existing customer
  relationship with the person under the power of attorney; or
                     (B)  acquire a product or service under the power
  of attorney that the person does not offer;
               (2)  the person's engaging in the transaction with the
  agent or with the principal under the same circumstances would be
  inconsistent with:
                     (A)  another law of this state or a federal
  statute, rule, or regulation;
                     (B)  a request from a law enforcement agency; or
                     (C)  a policy adopted by the person in good faith
  that is necessary to comply with another law of this state or a
  federal statute, rule, regulation, regulatory directive, guidance,
  or executive order applicable to the person;
               (3)  the person would not engage in a similar
  transaction with the agent because the person or an affiliate of the
  person:
                     (A)  has filed a suspicious activity report as
  described by 31 U.S.C. Section 5318(g) with respect to the
  principal or agent;
                     (B)  believes in good faith that the principal or
  agent has a prior criminal history involving financial crimes; or
                     (C)  has had a previous, unsatisfactory business
  relationship with the agent due to or resulting in:
                           (i)  material loss to the person;
                           (ii)  financial mismanagement by the agent;
                           (iii)  litigation between the person and the
  agent alleging substantial damages; or
                           (iv)  multiple nuisance lawsuits filed by
  the agent;
               (4)  the person has actual knowledge of the termination
  of the agent's authority or of the power of attorney before an
  agent's exercise of authority under the power of attorney;
               (5)  the agent refuses to comply with a request for a
  certification, opinion of counsel, or translation under Section
  751.201 or, if the agent complies with one or more of those
  requests, the requestor in good faith is unable to determine the
  validity of the power of attorney or the agent's authority to act
  under the power of attorney because the certification, opinion, or
  translation is incorrect, incomplete, unclear, limited, qualified,
  or otherwise deficient in a manner that makes the certification,
  opinion, or translation ineffective for its intended purpose, as
  determined in good faith by the requestor;
               (6)  regardless of whether an agent's certification,
  opinion of counsel, or translation has been requested or received
  by the person under this subchapter, the person believes in good
  faith that:
                     (A)  the power of attorney is not valid;
                     (B)  the agent does not have the authority to act
  as attempted; or
                     (C)  the performance of the requested act would
  violate the terms of:
                           (i)  a business entity's governing
  documents; or
                           (ii)  an agreement affecting a business
  entity, including how the entity's business is conducted;
               (7)  the person commenced, or has actual knowledge that
  another person commenced, a judicial proceeding to construe the
  power of attorney or review the agent's conduct and that proceeding
  is pending;
               (8)  the person commenced, or has actual knowledge that
  another person commenced, a judicial proceeding for which a final
  determination was made that found:
                     (A)  the power of attorney invalid with respect to
  a purpose for which the power of attorney is being presented for
  acceptance; or
                     (B)  the agent lacked the authority to act in the
  same manner in which the agent is attempting to act under the power
  of attorney;
               (9)  the person makes, has made, or has actual
  knowledge that another person has made a report to a law enforcement
  agency or other federal or state agency, including the Department
  of Family and Protective Services, stating a good faith belief that
  the principal may be subject to physical or financial abuse,
  neglect, exploitation, or abandonment by the agent or a person
  acting with or on behalf of the agent;
               (10)  the person receives conflicting instructions or
  communications with regard to a matter from co-agents acting under
  the same power of attorney or from agents acting under different
  powers of attorney signed by the same principal or another adult
  acting for the principal as authorized by Section 751.0021,
  provided that the person may refuse to accept the power of attorney
  only with respect to that matter; or
               (11)  the person is not required to accept the durable
  power of attorney by the law of the jurisdiction that applies in
  determining the power of attorney's meaning and effect, or the
  powers conferred under the durable power of attorney that the agent
  is attempting to exercise are not included within the scope of
  activities to which the law of that jurisdiction applies.
         Sec. 751.207.  WRITTEN STATEMENT OF REFUSAL OF ACCEPTANCE
  REQUIRED. (a)  Except as provided by Subsection (b), a person who
  refuses to accept a durable power of attorney under this subchapter
  shall provide to the agent presenting the power of attorney for
  acceptance a written statement advising the agent of the reason or
  reasons the person is refusing to accept the power of attorney.
         (b)  If the reason a person is refusing to accept a durable
  power of attorney is a reason described by Section 751.206(2) or
  (3):
               (1)  the person shall provide to the agent presenting
  the power of attorney for acceptance a written statement signed by
  the person under penalty of perjury stating that the reason for the
  refusal is a reason described by Section 751.206(2) or (3); and
               (2)  the person refusing to accept the power of
  attorney is not required to provide any additional explanation for
  refusing to accept the power of attorney.
         (c)  The person must provide to the agent the written
  statement required under Subsection (a) or (b) on or before the date
  the person would otherwise be required to accept the durable power
  of attorney under Section 751.201.
         Sec. 751.208.  DATE OF ACCEPTANCE. A durable power of
  attorney is considered accepted by a person under Section 751.201
  on the first day the person agrees to act at the agent's direction
  under the power of attorney.
         Sec. 751.209.  GOOD FAITH RELIANCE ON DURABLE POWER OF
  ATTORNEY. (a)  A person who in good faith accepts a durable power of
  attorney without actual knowledge that the signature of the
  principal or of another adult directed by the principal to sign the
  principal's name as authorized by Section 751.0021 is not genuine
  may rely on the presumption under Section 751.0022 that the
  signature is genuine and that the power of attorney was properly
  executed.
         (b)  A person who in good faith accepts a durable power of
  attorney without actual knowledge that the power of attorney is
  void, invalid, or terminated, that the purported agent's authority
  is void, invalid, or terminated, or that the agent is exceeding or
  improperly exercising the agent's authority may rely on the power
  of attorney as if:
               (1)  the power of attorney were genuine, valid, and
  still in effect;
               (2)  the agent's authority were genuine, valid, and
  still in effect; and
               (3)  the agent had not exceeded and had properly
  exercised the authority.
         Sec. 751.210.  RELIANCE ON CERTAIN REQUESTED INFORMATION. A
  person may rely on, without further investigation or liability to
  another person, an agent's certification, opinion of counsel, or
  English translation that is provided to the person under this
  subchapter.
         Sec. 751.211.  ACTUAL KNOWLEDGE OF PERSON WHEN TRANSACTIONS
  CONDUCTED THROUGH EMPLOYEES. (a)  This section applies to a person
  who conducts a transaction or activity through an employee of the
  person.
         (b)  For purposes of this chapter, a person is not considered
  to have actual knowledge of a fact relating to a durable power of
  attorney, principal, or agent if the employee conducting the
  transaction or activity involving the power of attorney does not
  have actual knowledge of the fact.
         (c)  For purposes of this chapter, a person is considered to
  have actual knowledge of a fact relating to a durable power of
  attorney, principal, or agent if the employee conducting the
  transaction or activity involving the power of attorney has actual
  knowledge of the fact.
         Sec. 751.212.  CAUSE OF ACTION FOR REFUSAL TO ACCEPT DURABLE
  POWER OF ATTORNEY. (a)  The principal or an agent acting on the
  principal's behalf may bring an action against a person who refuses
  to accept a durable power of attorney in violation of this
  subchapter.
         (b)  An action under Subsection (a) may not be commenced
  against a person until after the date the person is required to
  accept the durable power of attorney under Section 751.201.
         (c)  If the court finds that the person refused to accept the
  durable power of attorney in violation of this subchapter, the
  court, as the exclusive remedy under this chapter:
               (1)  shall order the person to accept the power of
  attorney; and
               (2)  may award the plaintiff court costs and reasonable
  and necessary attorney's fees.
         (d)  The court shall dismiss an action under this section
  that was commenced after the date a written statement described by
  Section 751.207(b) was provided to the agent.
         (e)  Notwithstanding Subsection (c), if the agent receives a
  written statement described by Section 751.207(b) after the date a
  timely action is commenced under this section, the court may not
  order the person to accept the durable power of attorney, but
  instead may award the plaintiff court costs and reasonable and
  necessary attorney's fees as the exclusive remedy under this
  chapter.
         Sec. 751.213.  LIABILITY OF PRINCIPAL. (a) Subsection (b)
  applies to an action brought under Section 751.212 if:
               (1)  the court finds that the action was commenced
  after the date the written statement described by Section
  751.207(b) was timely provided to the agent;
               (2)  the court expressly finds that the refusal of the
  person against whom the action was brought to accept the durable
  power of attorney was permitted under this chapter; or
               (3)  Section 751.212(e) does not apply and the court
  does not issue an order ordering the person to accept the power of
  attorney.
         (b)  Under any of the circumstances described by Subsection
  (a), the principal may be liable to the person who refused to accept
  the durable power of attorney for court costs and reasonable and
  necessary attorney's fees incurred in defending the action as the
  exclusive remedy under this chapter.
  SUBCHAPTER F. CIVIL REMEDIES
         Sec. 751.251.  JUDICIAL RELIEF. (a)  The following may bring
  an action requesting a court to construe, or determine the validity
  or enforceability of, a durable power of attorney, or to review an
  agent's conduct under a durable power of attorney and grant
  appropriate relief:
               (1)  the principal or the agent;
               (2)  a guardian, conservator, or other fiduciary acting
  for the principal;
               (3)  a person named as a beneficiary to receive
  property, a benefit, or a contractual right on the principal's
  death;
               (4)  a governmental agency with regulatory authority to
  protect the principal's welfare; and
               (5)  a person who demonstrates to the court sufficient
  interest in the principal's welfare or estate.
         (b)  A person who is asked to accept a durable power of
  attorney may bring an action requesting a court to construe, or
  determine the validity or enforceability of, the power of attorney.
         (c)  On the principal's motion, the court shall dismiss an
  action under Subsection (a) unless the court finds that the
  principal lacks capacity to revoke the agent's authority or the
  durable power of attorney.
         SECTION 9.  Section 752.051, Estates Code, is amended to
  read as follows:
         Sec. 752.051.  FORM.  The following form is known as a
  "statutory durable power of attorney":
  STATUTORY DURABLE POWER OF ATTORNEY
  NOTICE:  THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING.  
  THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, SUBTITLE P,
  TITLE 2, ESTATES CODE.  IF YOU HAVE ANY QUESTIONS ABOUT THESE
  POWERS, OBTAIN COMPETENT LEGAL ADVICE.  THIS DOCUMENT DOES NOT
  AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS
  FOR YOU.  YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO
  DO SO.  IF YOU WANT YOUR AGENT TO HAVE THE AUTHORITY TO SIGN HOME
  EQUITY LOAN DOCUMENTS ON YOUR BEHALF, THIS POWER OF ATTORNEY MUST BE
  SIGNED BY YOU AT THE OFFICE OF THE LENDER, AN ATTORNEY AT LAW, OR A
  TITLE COMPANY.
         You should select someone you trust to serve as your agent
  [(attorney in fact)].  Unless you specify otherwise, generally the
  agent's [(attorney in fact's)] authority will continue until:
               (1)  you die or revoke the power of attorney;
               (2)  your agent [(attorney in fact)] resigns or is
  unable to act for you; or
               (3)  a guardian is appointed for your estate.
         I, __________ (insert your name and address), appoint
  __________ (insert the name and address of the person appointed) as
  my agent [(attorney in fact)] to act for me in any lawful way with
  respect to all of the following powers that I have initialed below.
  (YOU MAY APPOINT CO-AGENTS. UNLESS YOU PROVIDE OTHERWISE,
  CO-AGENTS MAY ACT INDEPENDENTLY.)
         TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN
  FRONT OF (N) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS
  LISTED IN (A) THROUGH (M).
         TO GRANT A POWER, YOU MUST INITIAL THE LINE IN FRONT OF THE
  POWER YOU ARE GRANTING.
         TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF THE
  POWER.  YOU MAY, BUT DO NOT NEED TO, CROSS OUT EACH POWER WITHHELD.
         ____ (A) Real property transactions;
         ____ (B) Tangible personal property transactions;
         ____ (C) Stock and bond transactions;
         ____ (D) Commodity and option transactions;
         ____ (E) Banking and other financial institution
  transactions;
         ____ (F) Business operating transactions;
         ____ (G) Insurance and annuity transactions;
         ____ (H) Estate, trust, and other beneficiary transactions;
         ____ (I) Claims and litigation;
         ____ (J) Personal and family maintenance;
         ____ (K) Benefits from social security, Medicare, Medicaid,
  or other governmental programs or civil or military service;
         ____ (L) Retirement plan transactions;
         ____ (M) Tax matters;
         ____ (N) ALL OF THE POWERS LISTED IN (A) THROUGH (M).  YOU DO
  NOT HAVE TO INITIAL THE LINE IN FRONT OF ANY OTHER POWER IF YOU
  INITIAL LINE (N).
  SPECIAL INSTRUCTIONS:
         Special instructions applicable to agent compensation
  (initial in front of one of the following sentences to have it
  apply; if no selection is made, each agent will be entitled to
  compensation that is reasonable under the circumstances):
         ____ My agent is entitled to reimbursement of reasonable
  expenses incurred on my behalf and to compensation that is
  reasonable under the circumstances.
         ____ My agent is entitled to reimbursement of reasonable
  expenses incurred on my behalf but shall receive no compensation
  for serving as my agent.
         Special instructions applicable to co-agents (if you have
  appointed co-agents to act, initial in front of one of the following
  sentences to have it apply; if no selection is made, each agent will
  be entitled to act independently):
         ____ Each of my co-agents may act independently for me.
         ____ My co-agents may act for me only if the co-agents act
  jointly.
         ____ My co-agents may act for me only if a majority of the
  co-agents act jointly.
         Special instructions applicable to gifts (initial in front of
  the following sentence to have it apply):
  ____ I grant my agent [(attorney in fact)] the power to apply my
  property to make gifts outright to or for the benefit of a person,
  including by the exercise of a presently exercisable general power
  of appointment held by me, except that the amount of a gift to an
  individual may not exceed the amount of annual exclusions allowed
  from the federal gift tax for the calendar year of the gift.
         ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS
  LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
         UNLESS YOU DIRECT OTHERWISE BELOW [ABOVE], THIS POWER OF
  ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT
  TERMINATES [IS REVOKED].
         CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE
  ALTERNATIVE NOT CHOSEN:
         (A)  This power of attorney is not affected by my subsequent
  disability or incapacity.
         (B)  This power of attorney becomes effective upon my
  disability or incapacity.
         YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY
  IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.
         IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT
  YOU CHOSE ALTERNATIVE (A).
         If Alternative (B) is chosen and a definition of my
  disability or incapacity is not contained in this power of
  attorney, I shall be considered disabled or incapacitated for
  purposes of this power of attorney if a physician certifies in
  writing at a date later than the date this power of attorney is
  executed that, based on the physician's medical examination of me,
  I am mentally incapable of managing my financial affairs. I
  authorize the physician who examines me for this purpose to
  disclose my physical or mental condition to another person for
  purposes of this power of attorney. A third party who accepts this
  power of attorney is fully protected from any action taken under
  this power of attorney that is based on the determination made by a
  physician of my disability or incapacity.
         I agree that any third party who receives a copy of this
  document may act under it. Termination [Revocation] of this [the]
  durable power of attorney is not effective as to a third party until
  the third party has actual knowledge [receives actual notice] of
  the termination [revocation]. I agree to indemnify the third party
  for any claims that arise against the third party because of
  reliance on this power of attorney. The meaning and effect of this
  durable power of attorney is determined by Texas law.
         If any agent named by me dies, becomes incapacitated [legally
  disabled], resigns, or refuses to act, or if my marriage to an agent
  named by me is dissolved by a court decree of divorce or annulment
  or is declared void by a court (unless I provided in this document
  that the dissolution or declaration does not terminate the agent's
  authority to act under this power of attorney), I name the following
  (each to act alone and successively, in the order named) as
  successor(s) to that agent:  __________.
         Signed this ______ day of __________, _____________
                                             ___________________________
                                             (your signature)
  State of _______________________
  County of ______________________
  This document was acknowledged before me on ____________(date) by
  ________________________
  (name of principal)
                                           ____________________________
                                          (signature of notarial officer)
  (Seal, if any, of notary) ______________________________________
                                       (printed name)
  My commission expires: __________
  IMPORTANT INFORMATION FOR AGENT [(ATTORNEY IN FACT)]
  Agent's Duties
         When you accept the authority granted under this power of
  attorney, you establish a "fiduciary" relationship with the
  principal.  This is a special legal relationship that imposes on
  you legal duties that continue until you resign or the power of
  attorney is terminated or revoked by the principal or by operation
  of law. A fiduciary duty generally includes the duty to:
               (1)  act in good faith;
               (2)  do nothing beyond the authority granted in this
  power of attorney;
               (3)  act loyally for the principal's benefit;
               (4)  avoid conflicts that would impair your ability to
  act in the principal's best interest; and
               (5)  disclose your identity as an agent [or attorney in
  fact] when you act for the principal by writing or printing the name
  of the principal and signing your own name as "agent" [or "attorney
  in fact"] in the following manner:
         (Principal's Name) by (Your Signature) as Agent [(or as
  Attorney in Fact)]
         In addition, the Durable Power of Attorney Act (Subtitle P,
  Title 2, Estates Code) requires you to:
               (1)  maintain records of each action taken or decision
  made on behalf of the principal;
               (2)  maintain all records until delivered to the
  principal, released by the principal, or discharged by a court; and
               (3)  if requested by the principal, provide an
  accounting to the principal that, unless otherwise directed by the
  principal or otherwise provided in the Special Instructions, must
  include:
                     (A)  the property belonging to the principal that
  has come to your knowledge or into your possession;
                     (B)  each action taken or decision made by you as
  agent [or attorney in fact];
                     (C)  a complete account of receipts,
  disbursements, and other actions of you as agent [or attorney in
  fact] that includes the source and nature of each receipt,
  disbursement, or action, with receipts of principal and income
  shown separately;
                     (D)  a listing of all property over which you have
  exercised control that includes an adequate description of each
  asset and the asset's current value, if known to you;
                     (E)  the cash balance on hand and the name and
  location of the depository at which the cash balance is kept;
                     (F)  each known liability;
                     (G)  any other information and facts known to you
  as necessary for a full and definite understanding of the exact
  condition of the property belonging to the principal; and
                     (H)  all documentation regarding the principal's
  property.
  Termination of Agent's Authority
         You must stop acting on behalf of the principal if you learn
  of any event that terminates this power of attorney or your
  authority under this power of attorney.  An event that terminates
  this power of attorney or your authority to act under this power of
  attorney includes:
               (1)  the principal's death;
               (2)  the principal's revocation of this power of
  attorney or your authority;
               (3)  the occurrence of a termination event stated in
  this power of attorney;
               (4)  if you are married to the principal, the
  dissolution of your marriage by a court decree of divorce or
  annulment or declaration that your marriage is void, unless
  otherwise provided in this power of attorney;
               (5)  the appointment and qualification of a permanent
  guardian of the principal's estate; or
               (6)  if ordered by a court, the suspension of this power
  of attorney on the appointment and qualification of a temporary
  guardian until the date the term of the temporary guardian expires.
  Liability of Agent
         The authority granted to you under this power of attorney is
  specified in the Durable Power of Attorney Act (Subtitle P, Title 2,
  Estates Code).  If you violate the Durable Power of Attorney Act or
  act beyond the authority granted, you may be liable for any damages
  caused by the violation or subject to prosecution for
  misapplication of property by a fiduciary under Chapter 32 of the
  Texas Penal Code.
         THE [ATTORNEY IN FACT OR] AGENT, BY ACCEPTING OR ACTING UNDER
  THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL
  RESPONSIBILITIES OF AN AGENT.
         SECTION 10.  Subchapter B, Chapter 752, Estates Code, is
  amended by adding Section 752.052 to read as follows:
         Sec. 752.052.  MODIFYING STATUTORY FORM TO GRANT SPECIFIC
  AUTHORITY. The statutory durable power of attorney may be modified
  to allow the principal to grant the agent the specific authority
  described by Section 751.031(b) by including the following
  language:
  "GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
         My agent MAY NOT do any of the following specific acts for me
  UNLESS I have INITIALED the specific authority listed below:
  (CAUTION: Granting any of the following will give your agent the
  authority to take actions that could significantly reduce your
  property or change how your property is distributed at your death.
  INITIAL ONLY the specific authority you WANT to give your agent. If
  you DO NOT want to grant your agent one or more of the following
  powers, you may also CROSS OUT a power you DO NOT want to grant.)
         ____  Create, amend, revoke, or terminate an inter vivos
  trust
         ____  Make a gift, subject to the limitations of Section
  751.032 of the Durable Power of Attorney Act (Section 751.032,
  Estates Code) and any special instructions in this power of
  attorney
         ____  Create or change rights of survivorship
         ____  Create or change a beneficiary designation
         ____  Authorize another person to exercise the authority
  granted under this power of attorney".
         SECTION 11.  Section 752.102, Estates Code, is amended to
  read as follows:
         Sec. 752.102.  REAL PROPERTY TRANSACTIONS.  (a)  The
  language conferring authority with respect to real property
  transactions in a statutory durable power of attorney empowers the
  [attorney in fact or] agent, without further reference to a
  specific description of the real property, to:
               (1)  accept as a gift or as security for a loan or
  reject, demand, buy, lease, receive, or otherwise acquire an
  interest in real property or a right incident to real property;
               (2)  sell, exchange, convey with or without covenants,
  quitclaim, release, surrender, mortgage, encumber, partition or
  consent to partitioning, subdivide, apply for zoning, rezoning, or
  other governmental permits, plat or consent to platting, develop,
  grant options concerning, lease or sublet, or otherwise dispose of
  an estate or interest in real property or a right incident to real
  property;
               (3)  release, assign, satisfy, and enforce by
  litigation, action, or otherwise a mortgage, deed of trust,
  encumbrance, lien, or other claim to real property that exists or is
  claimed to exist;
               (4)  perform any act of management or of conservation
  with respect to an interest in real property, or a right incident to
  real property, owned or claimed to be owned by the principal,
  including the authority to:
                     (A)  insure against a casualty, liability, or
  loss;
                     (B)  obtain or regain possession or protect the
  interest or right by litigation, action, or otherwise;
                     (C)  pay, compromise, or contest taxes or
  assessments or apply for and receive refunds in connection with the
  taxes or assessments;
                     (D)  purchase supplies, hire assistance or labor,
  or make repairs or alterations to the real property; and
                     (E)  manage and supervise an interest in real
  property, including the mineral estate[, by, for example:
                           [(i)     entering into a lease for oil, gas, and
  mineral purposes;
                           [(ii)     making contracts for development of
  the mineral estate; or
                           [(iii)     making pooling and unitization
  agreements];
               (5)  use, develop, alter, replace, remove, erect, or
  install structures or other improvements on real property in which
  the principal has or claims to have an estate, interest, or right;
               (6)  participate in a reorganization with respect to
  real property or a legal entity that owns an interest in or right
  incident to real property, receive and hold shares of stock or
  obligations received in a plan or reorganization, and act with
  respect to the shares or obligations, including:
                     (A)  selling or otherwise disposing of the shares
  or obligations;
                     (B)  exercising or selling an option, conversion,
  or similar right with respect to the shares or obligations; and
                     (C)  voting the shares or obligations in person or
  by proxy;
               (7)  change the form of title of an interest in or right
  incident to real property; [and]
               (8)  dedicate easements or other real property in which
  the principal has or claims to have an interest to public use, with
  or without consideration;
               (9)  enter into mineral transactions, including:
                     (A)  negotiating and making oil, gas, and other
  mineral leases covering any land, mineral, or royalty interest in
  which the principal has or claims to have an interest;
                     (B)  pooling and unitizing all or part of the
  principal's land, mineral leasehold, mineral, royalty, or other
  interest with land, mineral leasehold, mineral, royalty, or other
  interest of one or more persons for the purpose of developing and
  producing oil, gas, or other minerals, and making leases or
  assignments granting the right to pool and unitize;
                     (C)  entering into contracts and agreements
  concerning the installation and operation of plants or other
  facilities for the cycling, repressuring, processing, or other
  treating or handling of oil, gas, or other minerals;
                     (D)  conducting or contracting for the conducting
  of seismic evaluation operations;
                     (E)  drilling or contracting for the drilling of
  wells for oil, gas, or other minerals;
                     (F)  contracting for and making "dry hole" and
  "bottom hole" contributions of cash, leasehold interests, or other
  interests toward the drilling of wells;
                     (G)  using or contracting for the use of any
  method of secondary or tertiary recovery of any mineral, including
  the injection of water, gas, air, or other substances;
                     (H)  purchasing oil, gas, or other mineral leases,
  leasehold interests, or other interests for any type of
  consideration, including farmout agreements requiring the drilling
  or reworking of wells or participation in the drilling or reworking
  of wells;
                     (I)  entering into farmout agreements committing
  the principal to assign oil, gas, or other mineral leases or
  interests in consideration for the drilling of wells or other oil,
  gas, or mineral operations;
                     (J)  negotiating the transfer of and transferring
  oil, gas, or other mineral leases or interests for any
  consideration, such as retained overriding royalty interests of any
  nature, drilling or reworking commitments, or production
  interests;
                     (K)  executing and entering into contracts,
  conveyances, and other agreements or transfers considered
  necessary or desirable to carry out the powers granted in this
  section, including entering into and executing division orders,
  oil, gas, or other mineral sales contracts, exploration agreements,
  processing agreements, and other contracts relating to the
  processing, handling, treating, transporting, and marketing of
  oil, gas, or other mineral production from or accruing to the
  principal and receiving and receipting for the proceeds of those
  contracts, conveyances, and other agreements and transfers on
  behalf of the principal; and
                     (L)  taking an action described by Paragraph (K)
  regardless of whether the action is, at the time the action is taken
  or subsequently, recognized or considered as a common or proper
  practice by those engaged in the business of prospecting for,
  developing, producing, processing, transporting, or marketing
  minerals; and
               (10)  designate the property that constitutes the
  principal's homestead.
         (b)  The power to mortgage and encumber real property
  provided by this section includes the power to execute documents
  necessary to create a lien against the principal's homestead as
  provided by Section 50, Article XVI, Texas Constitution, and to
  consent to the creation of a lien against property owned by the
  principal's spouse in which the principal has a homestead interest.
         SECTION 12.  Section 752.108(b), Estates Code, is amended to
  read as follows:
         (b)  Unless the principal has granted the authority to create
  or change a beneficiary designation expressly as required by
  Section 751.031(b)(4), an [An attorney in fact or] agent may be
  named a beneficiary of an insurance contract or an extension,
  renewal, or substitute for the contract only to the extent the
  [attorney in fact or] agent was named as a beneficiary [under a
  contract procured] by the principal [before executing the power of
  attorney].
         SECTION 13.  Sections 752.109 and 752.111, Estates Code, are
  amended to read as follows:
         Sec. 752.109.  ESTATE, TRUST, AND OTHER BENEFICIARY
  TRANSACTIONS. The language conferring authority with respect to
  estate, trust, and other beneficiary transactions in a statutory
  durable power of attorney empowers the [attorney in fact or] agent
  to act for the principal in all matters that affect a trust, probate
  estate, guardianship, conservatorship, life estate, escrow,
  custodianship, or other fund from which the principal is, may
  become, or claims to be entitled, as a beneficiary, to a share or
  payment, including to:
               (1)  accept, reject, disclaim, receive, receipt for,
  sell, assign, release, pledge, exchange, or consent to a reduction
  in or modification of a share in or payment from the fund;
               (2)  demand or obtain by litigation, action, or
  otherwise money or any other thing of value to which the principal
  is, may become, or claims to be entitled because of the fund;
               (3)  initiate, participate in, or oppose a legal or
  judicial proceeding to:
                     (A)  ascertain the meaning, validity, or effect of
  a deed, will, declaration of trust, or other instrument or
  transaction affecting the interest of the principal; or
                     (B)  remove, substitute, or surcharge a
  fiduciary;
               (4)  conserve, invest, disburse, or use anything
  received for an authorized purpose; and
               (5)  transfer all or part of the principal's interest in
  real property, stocks, bonds, accounts with financial
  institutions, insurance, and other property to the trustee of a
  revocable trust created by the principal as settlor.
         Sec. 752.111.  PERSONAL AND FAMILY MAINTENANCE. The
  language conferring authority with respect to personal and family
  maintenance in a statutory durable power of attorney empowers the
  [attorney in fact or] agent to:
               (1)  perform the acts necessary to maintain the
  customary standard of living of the principal, the principal's
  spouse and children, and other individuals customarily or legally
  entitled to be supported by the principal, including:
                     (A)  providing living quarters by purchase,
  lease, or other contract; or
                     (B)  paying the operating costs, including
  interest, amortization payments, repairs, and taxes on premises
  owned by the principal and occupied by those individuals;
               (2)  provide for the individuals described by
  Subdivision (1):
                     (A)  normal domestic help;
                     (B)  usual vacations and travel expenses; and
                     (C)  money for shelter, clothing, food,
  appropriate education, and other living costs;
               (3)  pay necessary medical, dental, and surgical care,
  hospitalization, and custodial care for the individuals described
  by Subdivision (1);
               (4)  continue any provision made by the principal for
  the individuals described by Subdivision (1) for automobiles or
  other means of transportation, including registering, licensing,
  insuring, and replacing the automobiles or other means of
  transportation;
               (5)  maintain or open charge accounts for the
  convenience of the individuals described by Subdivision (1) and
  open new accounts the [attorney in fact or] agent considers
  desirable to accomplish a lawful purpose; [and]
               (6)  continue:
                     (A)  payments incidental to the membership or
  affiliation of the principal in a church, club, society, order, or
  other organization; or
                     (B)  contributions to those organizations;
               (7)  perform all acts necessary in relation to the
  principal's mail, including:
                     (A)  receiving, signing for, opening, reading,
  and responding to any mail addressed to the principal, whether
  through the United States Postal Service or a private mail service;
                     (B)  forwarding the principal's mail to any
  address; and
                     (C)  representing the principal before the United
  States Postal Service in all matters relating to mail service; and
               (8)  subject to the needs of the individuals described
  by Subdivision (1), provide for the reasonable care of the
  principal's pets.
         SECTION 14.  Sections 752.113(b) and (c), Estates Code, are
  amended to read as follows:
         (b)  The language conferring authority with respect to
  retirement plan transactions in a statutory durable power of
  attorney empowers the [attorney in fact or] agent to perform any
  lawful act the principal may perform with respect to a transaction
  relating to a retirement plan, including to:
               (1)  apply for service or disability retirement
  benefits;
               (2)  select payment options under any retirement plan
  in which the principal participates, including plans for
  self-employed individuals;
               (3)  designate or change the designation of a
  beneficiary or benefits payable by a retirement plan, except as
  provided by Subsection (c);
               (4)  make voluntary contributions to retirement plans
  if authorized by the plan;
               (5)  exercise the investment powers available under any
  self-directed retirement plan;
               (6)  make rollovers of plan benefits into other
  retirement plans;
               (7)  borrow from, sell assets to, and purchase assets
  from retirement plans if authorized by the plan;
               (8)  waive the principal's right to be a beneficiary of
  a joint or survivor annuity if the principal is not the participant
  in the retirement plan [a spouse who is not employed];
               (9)  receive, endorse, and cash payments from a
  retirement plan;
               (10)  waive the principal's right to receive all or a
  portion of benefits payable by a retirement plan; and
               (11)  request and receive information relating to the
  principal from retirement plan records.
         (c)  Unless the principal has granted the authority to create
  or change a beneficiary designation expressly as required by
  Section 751.031(b)(4), an [An attorney in fact or] agent may be
  named a beneficiary under a retirement plan only to the extent the
  [attorney in fact or] agent was a named a beneficiary by the
  principal under the retirement plan, or in the case of a rollover or
  trustee-to-trustee transfer, the predecessor retirement plan 
  [before the durable power of attorney was executed].
         SECTION 15.  The following sections of the Estates Code are
  repealed:
               (1)  Section 751.004;
               (2)  Section 751.053;
               (3)  Section 751.054;
               (4)  Section 751.055;
               (5)  Section 751.056; and
               (6)  Section 751.058.
         SECTION 16.  (a) Except as otherwise provided by this Act,
  this Act applies to:
               (1)  a durable power of attorney, including a statutory
  durable power of attorney, created before, on, or after the
  effective date of this Act; and
               (2)  a judicial proceeding concerning a durable power
  of attorney pending on, or commenced on or after, the effective date
  of this Act.
         (b)  The following provisions apply only to a durable power
  of attorney, including a statutory durable power of attorney,
  executed on or after the effective date of this Act:
               (1)  Section 751.024, Estates Code, as added by this
  Act;
               (2)  Subchapter A-2, Chapter 751, Estates Code, as
  added by this Act;
               (3)  Subchapters B, C, and D, Chapter 751, Estates
  Code, as amended by this Act; and
               (4)  Chapter 752, Estates Code, as amended by this Act.
         (c)  A durable power of attorney, including a statutory
  durable power of attorney, executed before the effective date of
  this Act is governed by the provisions specified in Subsections
  (b)(3) and (4) of this section as those provisions existed on the
  date the durable power of attorney was executed, and the former law
  is continued in effect for that purpose.
         (d)  If the court finds that application of a provision of
  this Act would substantially interfere with the effective conduct
  of a judicial proceeding concerning a durable power of attorney
  commenced before the effective date of this Act or would prejudice
  the rights of a party to the proceeding, the provision of this Act
  does not apply and the former law continues in effect for that
  purpose and applies in those circumstances.
         (e)  An act performed by a principal or agent with respect to
  a durable power of attorney before the effective date of this Act is
  not affected by this Act.
         SECTION 17.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1974 was passed by the House on May
  11, 2017, by the following vote:  Yeas 130, Nays 13, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1974 on Ma
  y 26, 2017, by the following vote:  Yeas 135, Nays 11,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1974 was passed by the Senate, with
  amendments, on May 24, 2017, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor