2011 Bills
Other

2011 Legislation


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: 

All bills are labeled "Awaiting Governor's Signature," "Enacted," or "Did Not Pass."
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Entries in Family Code (2)

Tuesday
Feb012011

Enacted-Effective 9/1/11: SB 482 -- Authorization agreements for non-parent relatives

Caption:  Relating to the requirements for an authorization agreement for a nonparent relative of a child.
Author:  Harris
Bill History
Bill Text 

Relevance:  In 2009, the Legislature enacted Chapter 34 of the Family Code, permitting authorization agreements for nonparent relatives.  This bill provides that only one authorization agreement may be in effect at any time, and it favors the first-signed agreement over later-signed agreements.

Monday
Feb212011

x-Did Not Pass: SB 817 -- Fraud on the community in divorce cases

Caption:  Relating to the division of community property on dissolution of marriage.
Author:  Harris
Bill History
Bill Text

Note:  While SB 817 did not pass, its companion, HB 908 passed both houses and, as of May 19, 2011, was awaiting Governor Perry's signature.

Relevance:  This bill applies only to suits for dissolution of a marriage.  It defines "fraud on the community" and requires the court to determine if a spouse has committed fraud on the community. If the court finds that a spouse has committed fraud on the community, it is required to calculate the "reconstituted" community estate and divide the reconstituted estate based on the fraud.

See "Bill may codify 'fraud on the community,' at least in divorces" on texasprobate.com.