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2013 Legislative Program
Proposed Legislation

Bill #Proposal SBOT Position
Animal Law
HB 297

Relating to appeals regarding dangerous dogs.

Proposed Amendment to Section 822.0421 (Determination That Dog is Dangerous), Health and Safety Code. Proposed Amendment to Section 822.0423, (Hearing), Health and Safety Code. Proposed New Section 822.0424 (Appeal), Health and Safety Code.

Family Law

Relating to Section 102.004 of the Family Code.

Proposed Amendment to Section 102.004 (Standing for Grandparent or Other Person), Family Code.

Relating to grandparent access.

Proposed Amendments to Sections 153.432 (Suit for Possession or Access by Grandparent) and 153.433 (Possession of or Access to Grandchild), Family Code.
HB 847

Relating to a finding of contempt for failure to pay child support.

Proposed Repeal of Section 157.162 (Proof), (d) and (e), Family Code.
HB 1365

Relating to de novo hearings after ruling by an associate judge.

Proposed Amendment to Section 201.015 (De Novo Hearing Before Referring Court), Family Code.
HB 1661

Relating to child custody and adoption-related evaluations.

Proposed New Subchapter E (Child Custody Evaluation), Chapter 107, Family Code. Proposed New Subchapter F (Adoption Evaluation), Chapter 107, Family Code. Proposed Repeal of Subchapter D (Social Study), Chapter 107, Family Code. Proposed Amendment to Section 162.003, (Pre-Adoptive and Post-Placement Social Studies, Family Code. Proposed Amendment to Section 411.1285 (c), (Access to Criminal History Record Information: Domestic Relations Office), Government Code.
HB 1366

Relating to receivership and interlocutory appeals.

Proposed Amendment to Section 51.014 (b) (Appeal from Interlocutory Order), Civil Practice and Remedies Code.

Relating to the military deployment.

Proposed Amendment to 153.709 (Additional Periods of Possession or Access), Family Code. Proposed Repeal of Section 153.3162 (Additional Periods of Possession or Access After Conclusion of Military Deployment), Family Code.
HB 388
HB 389

Relating to Section 9.001 and 9.002 of the Family Code.

Proposed Amendments to Section 9.001 (Enforcement of Decree) and 9.002 (Continuing Authority to Enforce Decree), Family Code.


Relating to terms and conditions of possession and alternative possession times.

Proposed Amendments to Section 153.316 (General Terms and Conditions), Family Code. Proposed Amendment to Section 153.317 (Alternative Beginning and Ending Possession Times), Family Code.
HB 387
HB 389

Relating to spousal maintenance.

Proposed Amendment to Subchapter B, (Court-Ordered Maintenance), Section 8.051, Eligibility for Maintenance; Court Order), Family Code. Proposed Amendment to Section 8.059 (Enforcement of Maintenance Order), Family Code. Proposed Amendment to Section 8.101 (Income Withholding: General Rule), Family Code.
HB 795

Relating to gestational agreements.

Proposed Amendments to Sections 160.102(9), 160.752(a), 160.754(a) and (b), 160.755, 160.756(b) and (c), 160.759(a) and 160.760(a), (b) and (d), Family Code.

Relating to waivers of citation.

Proposed Amendment to Section 6.4035 (Waiver of Service), Family Code.
Hispanic Issues
HB 823
SB 361

Relating to the duties of a magistrate.

Proposed Amendment to Article 15.17 (a), (Duties of Arresting Officer and Magistrate), Code of Criminal Procedure.
HB 1701
SB 538

Relating to the repeal of the offense of homosexual conduct.

Proposed Repeal of Section 21.06 (Homosexual Conduct), Penal Code. Proposed Amendment to Section 85.007 (Education Programs for Minors), Health and Safety Code. Proposed Amendment to Section 163.002 (Instructional Elements), Health and Safety Code.
Municipal Judges

Relating to the confidentiality of certain home address information.

Proposed Amendment to Section 25.025 (Confidentiality of Certain Home Address Information), Tax Code.
Real Estate Probate and Trust Law

HB 2912
SB 911

Relating to decedents’ estates.
Proposed Amendments to Sections 21.005 (Applicability of Certain Laws), 32.006 (Jurisdiction of Statutory Probate Court with Respect to Trusts and Powers of Attorney), 53.104 (Appointment of Attorneys Ad Litem), 102.004 (Liability of Homestead for Debts), and 111.051 (Definitions). Proposed New Section 111.054 (Application of Texas Law to Nontestamentary Transfers). Proposed Amendments to Sections 201.001(f), (g)(3), (i) (Estate of an Intestate Not Leaving Spouse), 201.051 (Maternal Inheritance), 201.052 (Paternal Inheritance), 202.004(2) (Persons Who May Commence Proceeding to Declare Heirship), and 202.009 (Representation of Interests of Certain Persons). Proposed New Section 202.010 (Statute of Limitations Inapplicable). Proposed Amendment to Sections 202.056 (Waiver of Service of Citation on Certain Persons Not Permitted). Proposed New Section 202.057 (Affidavit of Service of Notice). Proposed Amendments to Sections 202.151 (Written Evidence in Proceeding to Declare Heirship), 205.006 (Title to Homestead Transferred Under Affidavit), 253.001 (Court May Not Prohibit Changing a Will), 256.052(a) (Contents of Application for Probate of Written Will Generally), 256.053 (Filing of Written Will with Application for Probate Generally Required), 256.054 (Additional Application Requirements When No Written Will is Produced), 256.152 (Additional Proof Required for Probate of Will), 256.153 (Authorized Methods of Proving Attested Written Will), 256.154 (Authorized Methods of Proving Holographic Will), 256.155 (Procedures for Depositions When No Contest is Filed), 256.156 (Proof of Written Will Not Produced in Court), 256.203, Establishing Contents of Will Not in Court’s Custody), 257.052 (Filing of Written Will With Application Generally Required) and 257.053 (Additional Application Requirements When No Written Will is Produced). Proposed New Section 301.155 (Authorized Methods of Proof). Proposed Amendments to Sections 305.002(a) (Manner of Qualification of Personal Representative), 305.003 (Period for Taking Oath and Giving Bond), 305.004 (Period for Giving Bond), 309.051(a) (Inventory and Appraisement), 309.056(b) (Affidavit in Lieu of Inventory, Appraisement, and List of Claims), 309.103(a) (Correction of Inventory, Appraisement, or List of Claims for Erroneous or Unjust Item), 353.101(d)(3) (Family Allowance), 361.155(a) (Successor Representative to Return Inventory, Appraisement, and List of Claims or Affidavit in Lieu of Inventory, Appraisement, and List of Claims), 362.011 (Partition and Distribution of Estate), 362.013 (Discharge of Personal Representative When Estate Fully Administered), 401.004(d) (Means of Establishing Distributee Consent), 401.006 (Granting Power of Sale by Agreement), 403.055 (Certain Unsecured Claims; Barring of Claims), 403.056 (a) (Notices Required by Creditors), 404.001(a) (Accounting), 404.003 (Removal of Independent Executor), 404.005(b) and (c) (Court-Appointed Successor Independent Executor) and 405.001(b) (Accounting and Distribution), Estates Code.

Proposed Repeal of Section 122.057 (Extension of Time for Certain Disclaimers), Estates Code.

HB 2080
SB 647

Relating to guardianships.

Proposed New Section 1055.201 (Mediation of Contested Guardianship Matters), 1155.051 (Compensation for Professional Services in General, 1155.151 (Cost of Proceeding in Guardianship Matter), 1102.005 (Compensation of Guardian Ad Litem) and 665B (Payment of Attorney’s Fees to Certain Attorneys). Proposed New Section 1163.106 (Use of Unsworn Declaration by Guardian of the Person in Lieu of Sworn Declaration on Electronically Filed Annual Report), Estates Code. Proposed Amendments to Sections 1301.051 (Eligibility to Apply for Creation of Trust), 1301.052 (Venue for Proceeding Involving Alleged Incapacitated Person), 1301.053(Creation of Trust for Ward), 1301.054 (Creation of Trust for Incapacitated Person Without Guardian), 1301.055 (Authority of Court to Appoint Guardian Instead of Creating Trust), 1301.056 (Contents of Order Creating Trust), 1301.057, (Appointment of Trustee), 1301.058 (Bond Requirements for Trustees), 1301.101 (Required Terms), 1301.102 (Optional Terms), 1301.103 (Enforceability of Certain Terms), 1301.154 (Annual Accounting) and 1301.203 (Termination of Trust), Estates Code.

HB 2913
SB 648

Relating to trusts.
Proposed Amendments to Sections 111.004 (Definitions) and 112.035 (Spendthrift Trusts), Property Code. Proposed New Section 112.060 (Trustee’s Power to Distribute Trust Principal in Further Trust), Property Code. Proposed Amendment to Section 113.029 (Discretionary Powers; Tax Savings), Property Code.

Proposed Amendments to Sections 11.13 (Residence Homestead) and 152.025 (Tax on Gift of Motor Vehicle), Tax Code.

HB 2081
SB 649

Relating to the exemption of certain property from seizure by creditors.

Proposed Amendments to Section 1108.052 (Exemptions Unaffected by Beneficiary Designation), Insurance Code.

Proposed Amendment to Section 42.0021(a) and (b) (Additional Exemption for Certain Savings Plans), Property Code.

HB 2124
SB 651

Relating to a medical power of attorney.

Proposed Amendment to Section 166.163 (Form of Disclosure Statement), Health and Safety Code.

HB 3021
SB 848

Relating to assignment of rents to lienholders.

Proposed Amendments to Sections 64.001, 64.002, 64.051, 64.052, 64.053, 64.054, 64.055, 64.058, 64.059, 64.060, Property Code.

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