About Us
Legislative Program
2015
Proposed Legislation
| BILL # | PROPOSAL | SBOT POSITION |
| Animal Law | ||
|---|---|---|
Relating to appeals regarding dangerous dogs. Proposed Amendments to Sections 822.0421 (Determination That Dog is Dangerous) and 822.0423 (Hearing), Health and Safety Code. Proposed New Section 822.0424 (Appeal), Health and Safety Code. | Support | |
| Family Law | ||
Relating to use of digitized signatures in Title 1, Title 2 and Title 4, Family Code. Proposed New Sections 1.109 (Use of Digitized Signature), 46.001 (Use of Digitized Signature) and 71.008 (Use of Digitized Signature), Family Code. | Support | |
Relating to the temporary restraining order filed in a dissolution of marriage. Proposed Amendment to Section 6.501 (Temporary Restraining Order), Family Code. | Support | |
Relating to waivers of service. Proposed New Sections 31.008 (Waiver of Service), 45.201 (Waiver of Service) and 102.015 (Waiver of Service), Family Code. | Support | |
Relating to definitions in Title 2, Family Code. Proposed New Chapter 46, Family Code. Proposed New Sections 46.001 (Applicability of Definitions) and 46.002 (Amicus Attorney or Attorney ad Litem), Family Code. | Support | |
Relating to family violence. Proposed Amendments to Sections 71.0021 (Dating Violence) and 71.004 (Family Violence), Family Code. | Support | |
Relating to the dismissal or nonsuit of an application for a protective order. Proposed New Section 82.011, (Dismissal or Nonsuit of Application), Family Code. | Support | |
Relating to child custody evaluations and adoption evaluations conducted and testimony provided in certain suits affecting the parent-child relationship. Amends Subchapter D (Child Custody Evaluation), Chapter 107, Family Code.* *Proposals are a substantial re-write of current Subchapter D, Chapter 107 (Social Study). Proposed New Section 104.008 (Certain Testimony Prohibited), Family Code. Proposed Amendments to Sections 153.605 (Appointment of Parenting Coordinator), 162.0025 (Adoption Sought by Military Service Member), 162.003 (Adoption Evaluation), 162.0045 (Preferential Setting), 203.004 (Powers and Duties), and 203.005 (Fees and Charges), Family Code. Proposed Amendment to Section 411.1285 (Access to Criminal History Record Information: Domestic Relations Office), Government Code. Proposed Amendment to Section 152.06331 (Dallas County Domestic Relations Office), Human Resources Code. | Support | |
Relating to conservatorship and possession orders in cases in which a pattern of family violence has been established and in cases in which pregnancy results from a criminal act. Proposed Amendment to Section 153.004 (History of Domestic Violence or Sexual Abuse), Family Code. Proposed New Section 153.0041, Family Code. |
Support | |
Relating to the Duty to Provide Information Proposed Amendments to Section 153.076 (Duty to Provide Information), Family Code. | Support | |
Relating to the definition of “school” as used in Title 5 of the Texas Family Code. Proposed Amendments to Sections 101.028 (School) and 153.3101 (Reference to “School” in Standard Possession Order), Family Code. | Support | |
Relating to a suit for possession of or access to a child by a grandparent. Proposed Amendments to Sections 153.432 (Suit for Possession or Access by Grandparent) and 153.433 (Possession of or Access to Grandchild), Family Code. |
Support | |
Relating to temporary orders modifying prior conservatorship orders. Proposed Amendment to Section 156.006 (Temporary Orders), Family Code. |
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Relating to a finding of contempt for violation of a temporary restraining order, standing order, temporary injunction or temporary order. Proposed Amendments to Sections 157.001 (Motion for Enforcement), 157.062 (Notice of Hearing) and 157.065 (Notice of Hearing, First Class Mail), Family Code. |
||
Relating to name changes by Associate Judges in family law cases. Proposed Amendments to Sections 201.001 (Appointment), 201.005 (Cases that May be Referred) and 201.018 (Visiting Associate Judge), Family Code. |
Support | |
| LGBT Law | ||
Relating to the repeal of the offense of homosexual conduct. Proposed Repeal of Section 21.06 (Homosexual Conduct), Penal Code. Proposed Amendments to Sections 85.007 (Education Programs for Minors) and 163.002 (Instructional Elements), Health and Safety Code. |
Support | |
| Real Estate Probate and Trust Law | ||
| Relating to decedents’ estates. Proposed Amendments to Sections 21.002 (Construction), 113.004 (Types of Accounts) and 113.152 (Ownership of P.O.D. Account on Death of Party), Estates Code. Proposed New Subchapter A. (Disclaimers), Estates Code. Proposed New Sections 122.001 (Short Title), 122.002 (Definitions), 122.003 (Scope), 122.004 (Chapter Supplemented by Other Law), 122.005 (Power to Disclaim by Person Other Than a Fiduciary), 122.006 (Power to Disclaim by a Person Designated to Serve as or Serving as Fiduciary), 122.007 (Power to Disclaim by Fiduciary Acting in a Fiduciary Capacity), 122.008 (General Requirements; When Irrevocable), 122.009 (Disclaimer of Interest in Property), 122.010 (Disclaimer of Rights in Survivorship Property), 122.011 (Disclaimer of Interest by Trustee), 122.012 (Disclaimer of Power of Appointment or Other Power Not Held in Fiduciary Capacity), 122.013 (Disclaimer by Appointee, Object, or Taker in Default of Exercise of Power of Appointment), 122.014 (Disclaimer of Power Held in Fiduciary Capacity), 122.015 (Delivery or Filing), 122.016 (When Disclaimer Barred or Limited), 122.017 (Tax Qualified Disclaimer), 122.018 (Recording of Disclaimer), 122.019 (Application to Existing Relationships), 122.020 (Uniformity of Application and Construction) and 122.021 (Severability Clause), Estates Code. Proposed Amendment to Sections 123.001 (Will Provisions Made Before Dissolution of Marriage) and 123.052 (Revocation of Certain Nontestamentary Transfers; Treatment of Former Spouse as Beneficiary Under Certain Policies or Plans), Estates Code. Proposed New Subchapter D. (Effect of Dissolution of Marriage on Certain Accounts). Proposed New Section 123.151 (Designation of Former Spouse as Beneficiary on Financial Accounts), Estates Code. Proposed Amendments to Sections 201.051 (Maternal Inheritance), 201.052 (Paternal Inheritance), 201.056 (Persons Not in Being), 202.005 (Application for Proceeding to Declare Heirship), 202.055 (Service of Citation on Certain Persons Not Required), 202.056 (Waiver of Service of Citation) and 202.201 (Required Statements in Judgment), Estates Code. Proposed New Section 251.053 (Exception for Foreign and Certain Other Wills). Proposed Amendments to Sections 251.1045 (Simultaneous Execution, Attestation and Self-Proving), 253.001 (Court May Not Prohibit Changing a Will) and 254.005 (Forfeiture Clause), Estates Code. Proposed New Subchapter I. (Class Gifts), Estates Code. Proposed New Sections 255.304 (Applicability of Subchapter) and 255.401 (Posthumous Class Gift Membership), Estates Code. Proposed New Subchapter J. (Judicial Modification or Reformation of Wills), Estates Code. Proposed New Sections 255.451 (Circumstances Under Which a Will May be Modified or Reformed), 255.452 (Judicial Discretion), 255.453 (Retroactive Effect), 255.454 (Powers Cumulative) and 255.455 (Duties Not Created), Estates Code. Proposed Amendments to Sections 256.003 (Period for Admitting Will to Probate; Protection for Certain Purchasers), 256.051 (Eligible Applicants for Probate of Will), 256.052 (Contents of Application for Probate of Will), 256.054 (Additional Application Requirements When No Will is Produced), 256.152 (Additional Proof Required for Probate of Will), 257.051 (Contents of Application Generally), 257.053 (Additional Application Requirements When No Will is Produced), 301.051 (Eligible Applicants for Letters), 301.052 (Contents of Application for Letters of Administration), 308.004 (Affidavit or Certificate), 309.001(Appointment of Appraisers), 309.056 (Affidavit in Lieu of Inventory, Appraisement and List of Claims), 352.052 (Allowance for Defense of Will), 353.051 (Exempt Property to be Set Aside), 353.052 (Delivery of Exempt Property), 401.002 (Creation in Testate Estate by Agreement), 353.153 (Title to Property of Insolvent Estate), 353.154 (Certain Property Not Considered in Determining Solvency), 401.003 (Creation in Intestate by Agreement) and 401.006 (Granting Power of Sale by Agreement), Estates Code. Proposed New Chapter 456 (Lawyer Trust Accounts), Estates Code. Proposed New Section 456.001 (Disposition of Lawyer Trust Accounts), Estates Code. Proposed Amendments to Sections 501.001 (Authority for Ancillary Probate of Foreign Will) and 501.006 (Ancillary Letters Testamentary), Estates Code. Proposed Amendments to Sections 42.001 (Personal Property Exemption), 141.007 (Other Transfer by Fiduciary) and 141.008 (Transfer by Obligor), Property Code. Proposed Repeal of Chapter 122 (Disclaimers and Assignments), Subchapters A (General Provisions Relating to Disclaimer), B (Form, Filing and Notice of Disclaimer), C (Effect of Disclaimer), and D (Partial Disclaimer), Estates Code. Proposed Repeal of Section 112.010 (Acceptance or Disclaimer by or on Behalf of Beneficiary), Subsections (b), (c), (c-1), (c-2), (c-3), (d) and (e), Property Code. | Support |
| Relating to guardianships and to court-created management trusts for persons who have physical disabilities or who are incapacitated. Proposed Amendments to Sections 1023.005 (Court Action), 1023.010 (Review of Transferred Guardianship), 1051.104 (Notice by Applicant for Guardianship), 1052.001 (Guardianship Docket), 1101.001 (Application for Appointment of Guardian; Contents), 1104.154 (Alternative to Self-Proving Affidavit), 1104.205 (Alternative to Self-Proving Affidavit), 1105.155 (Agreement Regarding Deposit of Estate Assets), 1155.151 (Costs in Guardianship Proceeding Generally), 1155.202 (Compensation and Costs Payable Under Medical Assistance Program), 1203.202 (Rights, Powers, and Duties of Successor Guardian), 1253.051 (Application for Receipt and Acceptance of Foreign Guardianship), 1301.1535 (Initial Accounting by Certain Trustees Required), 1351.001 (Authority to Sell Minor’s Interest in Property Without Guardianship), 1351.002 (Application; Venue), 1351.051 (Applicability of Subchapter) and 1351.052 (Authority to Sell Ward’s Interest in Property Without Appointment As Guardian of the Estate), Estates Code. | Support |
Relating to trusts. Proposed Amendments to Sections 42.0021 (Additional Exemption for Certain Savings Plans), 111.004 (Definitions), 112.035 (Spendthrift Trusts), 112.038 (Forfeiture Clause), 112.054 (Judicial Modification or Termination of Trusts), 112.071 (Definitions), 112.072 (Distribution to Second Trust: Trustee with Full Discretion), 112.078 (Court-Ordered Distribution), 112.085 (Exceptions to Power of Distribution), 113.018 (Employment of Agents), 114.003 (Powers to Direct), 115.002 (Venue) and 181.083 (Creating Additional Powers), Property Code. | Support | |
| Relating to durable powers of attorney, medical powers of attorney, directives to physicians and family or surrogates, disposition of remains, and other documents allowing a principal to designate agents or issue directives. Proposed Amendments to Section 751.002 (Definition of Durable Power of Attorney). Proposed Language Deletion of Section 751.003 (Uniformity of Application and Construction) (becomes Presumption of Genuine Signature). Proposed Language Deletion of Section 751.004 (Duration of Durable Power of Attorney) (becomes Validity of Power of Attorney). Proposed Language Deletion of Section 751.005 (Extension of Principal’s Authority to Other Persons) (becomes Meaning and Effect of Durable Power of Attorney). Proposed Language Deletion of 751.006 (Rights Cumulative) (becomes Judicial Relief). Proposed New Sections 751.007 (Co-Agents and Successor Agents), 751.008 (Reimbursement and Compensation of Agent) and 751.009 (Uniformity of Application and Construction – formerly 751.003), Estates Code. Proposed Renumbering of Section 751.005 (Extension of Principal’s Authority to Other Persons) (becomes Section 751.010). Proposed Renumbering of Section 751.006 (Rights Cumulative) (becomes Section 751.011). Proposed Amendment to Subchapter B, (Effect of Certain Acts on Exercise of Durable Power of Attorney), Estates Code. Proposed Amendments to Section 751.051 (Effect of Acts Performed by Attorney in Fact or Agent During Principal’s Disability or Incapacity). Proposed Amendment to Section 751.052 (Relation of Attorney in Fact or Agent to Court-appointed Guardian of Estate). Proposed Language Deletion of Section 751.053 (Effect of Principal’s Divorce or Marriage Annulment if Former Spouse is Attorney in Fact or Agent) (becomes Termination of Durable Power of Attorney or Agent’s Authority). Proposed Language Deletion of Section 751.054 (Knowledge of Termination of Power: Good Faith Acts). Proposed Language Deletion of Section 751.055 (Affidavit Regarding Lack of Knowledge of Termination of Power or of Disability or Incapacity; Good Faith Reliance). Proposed Language Deletion of Section 751.056 (Nonliability of Third Party on Good Faith Reliance). Proposed Renumbering of Section 751.057 (Effect of Bankruptcy Proceeding) (becomes Section 751.054). Proposed New Section 751.055 (Acceptance of and Reliance on Power of Attorney). Proposed New Section 751.056 (Liability for Refusal to Accept Power of Attorney). Proposed Language Deletion of Section 751.058 (Effect of Revocation of Durable Power of Attorney on Third Party). Proposed Amendments to Sections 751.101 (Fiduciary Duties), 751.102 (Duty to Timely Inform Principal), 751.103 (Maintenance of Records), 751.104 (Accounting), 751.105 (Effect of Failure to Comply; Suit) and 751.106 (Effect of Subchapter on Principal’s Rights) and 751.151 (Recording for Real Property Transactions Requiring Execution and Delivery of Instruments), Estates Code. Proposed New Subchapter E. (Authority of Agent Under Power of Attorney). Proposed New Sections 751.201 (Authority That Requires Specific Grant; Grant of General Authority), 751.202 (Gifts), 751.203 (Beneficiary Designations) and 751.204 (Incorporation of Authority), Estates Code. Proposed Amendment to Section 752.051 (Form), Estates Code. Proposed New Section 752.052 (Modifying Statutory Form to Grant Specific Authority), Estates Code. Proposed Amendments to Sections 752.102 (Real Property Transactions), 752.109 (Estate, Trust, and Other Beneficiary Transactions) and 752.111 (Personal and Family Maintenance), Estates Code. Proposed Amendments to Sections 166.003 (Witnesses), 166.033 (Form of Written Directive), 166.152 (Scope and Duration of Authority), 166.155 (Revocation) and 166.162 (Disclosure Statement), Health and Safety Code. Proposed Language Deletion of Section 166.163 (Form of Disclosure Statement) (becomes Designation of Co-Agents), Health and Safety Code. Proposed Amendments to Sections 166.164 (Form of Medical Power of Attorney) and 711.002 (Disposition of Remains; Duty to Inter), Health and Safety Code. |
Support |
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