2011 Legislation

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The 82nd Texas Legislature ended its regular session May 30, 2011. All probate, guardianship and trust bills passed during the session have been signed by the Governor, and most become effective September 1, 2011. One bill in the first called session (SB 1) contains guardianship changes and, as of July 8, 2011, was awaiting the Governor's signature. Each bill affecting probate, guardianship and trust law is listed below. Click here to search for a particular bill, or use the list of topics and key words to the right to find legislation.

Useful links:

Texas Legislature Online.
Glenn Karisch's 2011 Legislative Update.
Bill Pargaman's 2011 Legislative Update -- All of the bills, the full text of all of the changes to the probate and trust codes and helpful forms.
Top Ten Things to Do Now -- Glenn Karisch's list of ten things estate planning and probate attorneys should do to address the legislative changes taking effect September 1, 2011. Here are the pdf and blog versions.

All bills are labeled "Awaiting Governor's Signature," "Enacted," or "Did Not Pass."
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Entries in Carona (3)

Wednesday

Feb162011

Enacted-Effective 9/1/11: SB 748 -- Effect of death or divorce on LLC interests

Caption: Relating to business entities and associations.
Author: Carona
Bill History
Bill Text

Relevance: This bill enacts new Section 101.1115 of the Business Organizations Code to provide that, upon the death of a member or a member's spouse or on the divorce of a member, the person receiving an ownership interest in an limited liability company is only an assignee, not a full member. Assignees are entitled to economic benefits but not voting rights.

1 Reference |

x-Did Not Pass: SB 261 -- Perpetuities

Caption: Relating to the rule against perpetuities.
Author: Carona
Bill History
Bill Text

Relevance: HB 372 would modify the rule against perpetuities to permit trusts to last for 200 years.

See "Perpetuities: How about 200 years?" on texasprobate.com.

2 References |

x-Did Not Pass: SB 342 -- Authority of attorney general to make inquiries of charitable entities

Caption: Relating to the power of the office of the attorney general to make certain examinations and inquiries.
Author: Carona
Bill History
Bill Text

Relevance: This bill would add Section 123.007 to the Property Code, which would permit the attorney general to inspect any record of a charitable entity or trust to require a person suspected of engaging in unlawful acts to file sworn statements and reports or submit to an examination under oath.