Legislative Program 2017

BILL #

PROPOSAL

SBOT POSITION

Construction Law

HB 1844
SB 807

Relating to Texas choice of law and Texas venue for Texas construction contracts.

Proposed Amendments to Sections 272.001 (Voidable Contract Provision) and 272.002 (Contract Principally for Construction or Repair of Real Property Improvements), Business and Commerce Code.

Support

Family Law

HB 3806

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 appeals in family law cases.

Proposed Amendments to Sections 6.709 (Temporary Orders During Appeal), 6.711 (Findings of Fact and Conclusions of Law), 9.007 (Limitation on Power of Court to Enforce), 109.001 (Temporary Orders During Pendency of Appeal), 109.002 (Appeal), 109.003 (Payment for Statement of Facts), 152.314 (Appeals), 153.254 (Child Less Than Three Years of Age), 153.258 (Request for Findings When Order Varies from Standard Order), 154.130 (Findings in Child Support Order), and 156.005 (Frivolous Filing of Suit For Modification), Family Code.

Support

 

Relating to the marriage relationship.

Proposed Amendment to Section 3.401 (Definitions), Family Code.

Support

HB 1501
SB 1236

Relating to child custody evaluations.

Proposed Amendments to Sections 107.009 (Immunity), 107.103 (Order for Child Custody Evaluation), 107.109 (Elements of Child Custody Evaluation), 107.110 (Psychometric Testing), 107.1101 (Effect of Potentially Undiagnosed Serious Mental Illness), 107.113 (Child Custody Evaluation Report Required) and 107.114 (Introduction and Provision of Child Custody Evaluation Report), Family Code. Proposed Amendment to Section 411.1285 (Access to Criminal History Record Information: Domestic Relations Office), Government Code.

Support

HB 1491
SB 1234

Relating to children’s birthdays.

Proposed Amendment to Section 153.314 (Holiday Possession Unaffected by Distance Parents Reside Apart), Family Code.

Support

HB 1480
SB 1233

Relating to writs against associate judges.

Proposed Amendment to Section 22.221 (Writ Power), Government Code.

Support

HB 1617
SB 1237

Relating to a suit for dissolution of marriage.

Proposed Amendments to Sections 6.202 (Marriage During Existence of Prior Marriage), 6.203 (Certain Void Marriages Validated) and 6.704 (Testimony of Husband or Wife), Family Code.

Support

HB 1495
SB 1235

Relating to modifications of temporary orders.

Proposed Amendments to Section 156.006 (Temporary Orders), Family Code.

Support

 

Relating to parents of a child.

Proposed Amendments to Sections 101.024 (Parent), 108.009 (Birth Certificate), 153.312 (Parents Who Reside 100 Miles or Less Apart), 153.313 (Parents Who Reside Over 100 Miles Apart), and 153.314 (Holiday Possession Unaffected by Distance Parents Reside Apart), Family Code.

Support

 

Relating to marriage license definitions.

Proposed Amendments to Sections 2.001 (Marriage License), 2.004 (Application Form), 2.401 (Proof of Informal Marriage) and 2.402 (Declaration and Registration of Informal Marriage), Family Code.

Support

LGBT Law

HB 96
SB 166

HB 573
SB 251

HB 1663

SB 157

SB 236

Relating to certain statutory changes to reflect and address same-sex marriages and parenting relationships and to the removal of provisions regarding the criminality or unacceptability of homosexual conduct.

Proposed New Section 1.0015 (Construction of Gender-Specific Terminology), Family Code. Proposed Amendments to Sections 2.001, 2.004, 2.401, 2.402, 3.401, 6.104, 6.202, 6.203 and 6.704, Family Code. Proposed New Section 51.015 (Construction of Gender-Specific Terminology), Family Code. Proposed Amendment to Section 51.02, Family Code. Proposed New Section 101.0012 (Construction of Gender-Specific Terminology), Family Code. Proposed Amendments to Sections 101.0015, 101.024, 101.025, 102.003, 102.006, 102.008, 102.009, 102.011, 108.008, 108.009 and 152.310, Family Code. Proposed New Section 153.318 (Same-Sex Parents: Alternating Mother’s Day or Father’s Day Possession), Family Code. Proposed Amendments to Sections 154.131, 155.001, 159.316, 159.401, 160.102, 160.201, 160.204, 160.301-160.313, 160.315, 160.404, 160.503, 160.505-160.508, 160.510, 160.602, 160.603, 160.605-160.607, 160.609, 160.622, 160.624, 160.631, 160.634, 160.636, 160.637, 160.703, 160.7031, 160.704, 160.705, 160.753-160.756, 160.759, 160.761, 161.005, 161.103, 161.106, 161.108, 161.109, 162.014, 162.402, 203.007, 231.108, 231.112, 231.115, 231.303, 233.0095, 233.019, 233.020, 233.028 and 262.205, Family Code. Proposed Repeal of Sections 2.001(b) and 6.204, Family Code. Proposed Amendments to Sections 32.0211, 85.007, 161.501, 163.001, 163.002, 171.012, 171.0123, 191.002, 191.0046 and 191.036, Health and Safety Code. Proposed New Section 192.0001 (Record of Maternity), Health and Safety Code. Proposed Amendments to Sections 192.002, 192.003, 192.0031, 192.005, 192.0051, 192.006, 192.008, 192.012, 192.027, 193.006, 552.013 and 574.045, Health and Safety Code. Proposed Repeal of Section 21.06, Penal Code.

Support

SJR 16

Proposing a constitutional amendment to repeal the unconstitutional provision of the state constitution (1) providing that marriage in this state consists only of the union of one man and one woman and (2) prohibiting this state or a political subdivision of this state from creating or recognizing any legal status identical or similar to marriage.

Proposed Repeal of Section 32, Article I, (Marriage), Texas Constitution

Support

Poverty Law

HB 1020
SB 435

Relating to the creation of a volunteer membership class of the State Bar of Texas.

Proposed Amendments to Section 81.053 (Status of Certain Membership Classes), Government Code.

Support

Real Estate, Probate and Trust Law

HB 2271
SB 1017

Decedent's Estates Proposal

Relating to decedents’ estates.

Proposed Amendments to Sections 22.07 (Court; County Court, Probate Court, and Statutory Probate Court), 31.002 (Matters Related to Probate Proceeding), 33.001 (Probate of Wills and Granting of Letters Testamentary and of Administration), 112.103 (Method of Proof of Signatures), 113.252 (Rights of Creditors), 114.103 (Effect of Transfer on Death Deed at Transferor’s Death), 114.151 (Optional Form For Transfer on Death Deed) and 123.052 (Revocation of Certain Nontestamentary Transfers; Treatment of Former Spouse as Beneficiary Under Certain Policies or Plans), Estates Code. Proposed New Section 123.056 (Trusts with Joint Settlors), Estates Code. Proposed Amendments to Sections 123.151 (Designation of Former Spouse or Relative of Former Spouse on Certain Multiple-Party Accounts), 124.001 (Definitions), 201.054 (Adopted Child), 202.052 (Service of Citation by Publication When Recipient’s Name or Address is not Ascertainable), 202.057 (Affidavit of Service of Citation), 202.151 (Evidence in Proceeding to Declare Heirship), 205.001 (Entitlement to Estate Without Appointment of Personal Representative), 251.001 (Who May Execute Will), 251.002 (Interests That May Pass By Will; Disinheritance), 251.051 (Written, Signed, and Attested), 251.103 (Period for Making Attested Wills Self-Proved), 251.104 (Requirements for Self-Proving Affidavit), 251.107 (Self-Proved Holographic Will), 252.152 (Prior Deposited Will in Relation to Later Will), 255.151 (Applicability of Subchapter), 255.401 (Posthumous Class Gift Membership), 255.451 (Circumstances Under Which Will May be Modified or Reformed), 256.003 (Period for Admitting Will to Probate; Protection for Certain Purchasers), 257.051 (Contents of Application Generally), 257.054 (Proof Required), 305.108 (Form of Bond), 308.051 (Required Notice Regarding Presentment of Claims in General), 359.001 (Account of Estate Required), 359.002 (Annual Account Required Until Estate Closed), and 401.006 (Granting Power of Sale by Agreement), Estates Code. Proposed New Section 405.0015 (Distributions Generally), Estates Code. Proposed Amendment to Section 456.003 (Duty of Eligible Institutions), Estates Code. Proposed Amendment to Section 311.005 (General Definitions), Government Code. Proposed New Section 112.011 (Class Gifts), Property Code. Proposed Repeal of Sections 303.003 (Service by Publication or Other Substituted Service) and 362.010 (Payment of Inheritance Taxes Required), Estates Code.

Support

SB 39

Guardianship Proposal

Relating to guardianships for persons who have physical disabilities or who are incapacitated.

Proposed Amendments to Sections 1055.003 (Intervention by Interested Person), 1102.002 (Contents of Application for Guardianship; Confidentiality of Certain Addresses), 1104.001 (Guardianship of the Person or Estate), 1101.153 (General Contents of Order Appointing Guardian), 1106.001 (Issuance of Certificate as Letters of Guardianship), 1106.002, (Expiration of Letters of Guardianship), 1155.002, (Compensation for Certain Guardians of the Person), 1253.051 (Appointment and Qualification of Nonresident Guardian), 1357.056 (Form of Supported Decision-Making Agreement), 1357.101 (Reliance on Agreement; Limitation of Liability) and 752.051 (Form), Estates Code. Proposed New Sections 752.052 (Relation of Attorney-In-Fact to Court-Appointed Guardian of Estate), 753.001 (Removal of Attorney-In-Fact), and 753.002 (Appointment of Designated Successor Attorney-In-Fact), Estates Code.

Support

HB 1354
SB 617

Trust Code Proposal

Relating to trusts.

Proposed Amendments to Sections 111.0035 (Default and Mandatory Rules; Conflict Between Terms and Statute), 111.004 (Definitions), 112.035 (Spendthrift Trusts), 112.038 (Forfeiture Clause), 112.054 (Judicial Modification or Termination of Trusts), 112.058 (Conversion of Community Trust to Nonprofit Corporation), 112.071 (Definitions), 112.072 (Distribution to Second Trust: Trustee With Full Discretion), 112.074 (Notice Required), 112.078 (Court-Ordered Distribution), 112.085 (Exceptions to Power of Distribution), and 113.018 (Employment of Agents), Property Code. Proposed Repeal of Section 114.0031 (Directed Trusts; Advisors). Proposed New Subchapter E, (Directed Trusts), Chapter 114, Property Code. Proposed Amendments to Sections 115.002 (Venue), 181.083 (Creating Additional Powers) and 240.0081 (Notice Required by Trustee Disclaiming Certain Interests in Property; Effect of Notice), Property Code.

Support

HB 2158
SB 1193

Texas Revised Uniform Fiduciary Access to Digital Assets Act

Relating to the adoption of the Texas Revised Uniform Fiduciary Access to Digital Assets Act.

Proposed New Subchapter I (Texas Revised Uniform Fiduciary Access to Digital Assets Act) to Subtitle H of Title 2, Estates Code.

Support

HB 1974
SB 926

Durable Powers of Attorney

Relating to durable powers of attorney.

Proposed Amendments to Sections 751.002 (Definition of Durable Power of Attorney), Estates Code. Proposed New Sections 751.007 (Presumption of Genuine Signature), 751.008 (Validity of Power of Attorney), 751.009 (Meaning and Effect of Durable Power of Attorney), 751.010 (Judicial Relief), 751.011 (Co-Agents and Successor Agents) and 751.012 (Reimbursement and Compensation of Agent), Estates Code. Proposed New Heading to Subchapter B, Chapter 751 (Effect of Certain Acts on Exercise of Durable Power of Attorney), Estates Code. Proposed Amendment to Section 751.051 (Effect of Acts Performed by Attorney in Fact or Agent During Principal’s Disability or Incapacity), Estates Code. Proposed New Subchapter B-1 (Duration of Durable Power of Attorney; Acceptance of and Reliance on Durable Power of Attorney), Estates Code. Proposed Amendments to Sections 751.101 (Fiduciary Duties), Estates Code. Proposed New Section 751.107 (Duty to Preserve Principal’s Estate Plan), Estates Code. Proposed Amendment to Section 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), Chapter 751, 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), 752.108 (Insurance and Annuity Transactions), 752.109 (Estate, Trust, and Other Beneficiary Transactions), 752.111 (Personal and Family Maintenance) and 752.113 (Retirement Plan Transactions), Estates Code. Proposed Repeal of Sections 751.004 (Duration of Durable Power of Attorney), 751.053 (Effect of Principal’s Divorce or Marriage Annulment if Former Spouse is Attorney in Fact or Agent), 751.054 (Knowledge of Termination of Power; Good-Faith Acts), 751.055 (Affidavit Regarding Lack of Knowledge of Termination of Power or of Disability or Incapacity; Good-Faith Reliance), 751.056 (Nonliability of Third Party on Good-Faith Reliance) and 751.058 (Effect of Revocation of Durable Power of Attorney on Third Party), Estates Code.

Support

HB 995
SB 512

Other Advanced Directives

Relating to the form and revocation of medical powers of attorney.

Proposed Amendment to Section 166.155 (Revocation), Health and Safety Code. Proposed Repeal of Sections 166.162 (Disclosure of Statement) and 166.163 (Form of Disclosure Statement), Health and Safety Code. Proposed Amendment to Section 166.164 (Form of Medical Power of Attorney), Health and Safety Code.

Support

HB 1787
SB 819

Relating to declaration for mental health treatment.

Proposed Amendments to Sections 137.003 (Execution and Witness) and 137.011 (Form of Declaration for Mental Health Treatment), Civil Practice and Remedies Code.

Support

HB 994
SB 513

Relating to the disposition of remains.

Proposed Repeal of Sections 692.003 (Manner of Executing Gift of Own Body) and Chapter 692 (Texas Anatomical Gift Act), Health and Safety Code. Proposed Amendment to Section 692A.005 (Manner of Making Anatomical Gift Before Donor’s Death) , 692A.006 (Amending or Revoking Anatomical Gift Before Donor’s Death), 692A.007 (Refusal to make Anatomical Gift; Effect of Refusal) and 711.002 (Disposition of Remains; Duty to Inter), Health and Safety Code.

Support

HB 1022
SB 511

Relating to the written declaration to designate guardian before need arises.

Proposed Amendments to Sections 1104.203 (Requirements for Declaration) and 1104.204 (Form and Content of Declaration and Self-Proving Affidavit), Estates Code.

Support

State Bar

HB 2102
SB 302

Relating to the continuation and functions of the State Bar.

Support

HB 3199
SB 416

Relating to the composition of the board of directors of the State Bar of Texas.

Support

Section Positions

HB 2594

Relating to the creation of the Chancery Court and the court of chancery appeals to hear certain cases.

Litigation Section –Oppose

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