Glenn Karisch’s Texas Probate Resources
Welcome to the Texas Probate Resources website, your source for information on estate planning, probate, and trust law in Texas. This site is owned and maintained by Glenn Karisch of Karisch Jonas Law, PLLC, in Austin, Texas. For information dating from before February 1, 2011, visit the legacy site at texasprobate.net.
Texas Probate
Enacted-Effective 9/1/11: HB 3573 -- Disclosures about and eligibility of members of charity's board
Caption: Relating to limiting the disclosure of certain information regarding certain charitable organizations, trusts, private foundations, and grant-making organizations.
Author: King, Susan
Bill History
Bill Text
Relevance: This bill prohibits a charity from disclosing certain information about officers, board members, trustees and members of the charity unless those persons give written consent to the disclosure. It also prohibits a governmental entity from prohibiting an individual's service on a charity's board or as an officer of a charity based on the individial's donor status or familial relationship to a donor. The bill provides that it does not limit the authority of the attorney general to investigate or enforce laws in accordance with the attorney general's duty to protect the public interest.
Enacted-Effective 9/1/11: HB 2722 -- State Medicaid program is payor of last resort
Caption: Relating to the state Medicaid program as the payor of last resort
Author: Perry
Bill History
Bill Text
Relevance: This bill requires the executive commissioner of the Texas Health and Human Services Commission to adopt rules to ensure that, to the extent allowed by federal law, the state Medicaid system is the payor of last resort and provides reimbursement only if, and to the extent, that other public or private sources of payment are not available.
x-Did Not Pass: HB 2372 -- Assignment of judges to hear recusals
Caption: Relating to the recusal or disqualification of a statutory probate court judge and subsequent assignment of another judge.
Author: Hartnett
Bill History
Bill Text
Relevance: In 2007, SB 406 amended Section 25.00255 of the Government Code to make the presiding judge of the administrative judicial district, not the presiding statutory probate judge, responsible for appointing judges to hear recusals of statutory probate judges and to hear the case if a statutory probate judge is recused. HB 2372 would give the presiding statutory probate judge the authority to appoint judges to hear recusals and to replace disqualified judges, but it would prohibit the presiding judge from appointing another statutory probate judge from the same county to hear recusal motions.
x-Did Not Pass: SB 473 -- Adverse possession by cotenant heir
Caption: Relating to adverse possession of real property by a cotenant heir against other cotenant heirs.
Author: West
Bill History
Bill Text
Relevance: This permits a "cotenant heir" -- one of two or more persons who simultaneously acquire ownership in the same real property through intestacy, or a successor in interest to one of those persons -- to obtain clear title through adverse possesion if procedural steps are followed.
Sen. West also authored SB 1368, which would permit a cotenant to create a mechanic's and materialman's lien on residential property as "agent" for unknown or unresponsive cotenants.
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.