reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter C. Holding of Election › Section 501.109. Election in Municipalities

Sec. 501.109.  ELECTION IN MUNICIPALITIES.  (a)  This section applies only to an election to permit or prohibit the legal sale of alcoholic beverages of one or more of the various types and alcoholic contents in a municipality.
(b)  An election to which this section applies shall be conducted by the municipality instead of a county.  For the purposes of an election conducted under this section, a reference in this chapter to:
(1)  the county is considered to refer to the municipality;
(2)  the commissioners court is considered to refer to the governing body of the municipality;
(3)  the county clerk or voter registrar is considered to refer to the secretary of the municipality or, if the municipality does not have a secretary, to the person performing the functions of a secretary of the municipality; and
(4)  the county judge is considered to refer to the mayor of the municipality or, if the municipality does not have a mayor, to the presiding officer of the governing body of the municipality.
(c)  The municipality shall pay the expense of the election.
(d)  An action to contest the election under Section 501.155 may be brought in the district court of any county in which the municipality is located.
Added by Acts 2005, 79th Leg., Ch. 975 (H.B. 1799), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 41, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter D. Procedure Following Election › Section 501.151. Declaration of Result

Sec. 501.151.  DECLARATION OF RESULT.  (a)  On completing the canvass of the election returns, the commissioners court shall make an order declaring the result and cause the clerk of the commissioners court to record the order as provided by law.
(b)  In a prohibitory election, if a majority of the votes cast do not favor the issue "The legal sale...," the court's order must state that the sale of the type or types of beverages stated in the issue at the election is prohibited effective on the 30th day after the date the order is entered.  The prohibition remains in effect until changed by a subsequent local option election held under this chapter.
(c)  In a legalization election, if a majority of the votes cast favor the issue "The legal sale . . .," the legal sale of the type or types of beverages stated in the issue at the election is legal on the entering of the court's order.  The legalization remains in effect until changed by a subsequent local option election held under this code.
(d)  The local option status of a political subdivision does not change as a result of the election if:
(1)  in an election described by Subsection (b), less than a majority of the votes cast do not favor the issue; and
(2)  in an election described by Subsection (c), less than a majority of the votes cast favor the issue.
Added by Acts 2005, 79th Leg., Ch. 975 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter D. Procedure Following Election › Section 501.152. Order Prima Facie Evidence

Sec. 501.152.  ORDER PRIMA FACIE EVIDENCE.  The order of the commissioners court declaring the result of the election is prima facie evidence that all provisions of law have been complied with in giving notice of and holding the election, counting and returning the votes, and declaring the result of the election.
Added by Acts 2005, 79th Leg., Ch. 975 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter D. Procedure Following Election › Section 501.153. Certification of Result

Sec. 501.153.  CERTIFICATION OF RESULT.  Not later than the third day after the date the result of a local option election has been declared, the county clerk shall certify the result to the secretary of state and the commission.  The clerk may not charge a fee for this service.
Added by Acts 2005, 79th Leg., Ch. 975 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter D. Procedure Following Election › Section 501.154. Posting Order Prohibiting Sale

Sec. 501.154.  POSTING ORDER PROHIBITING SALE.  (a)  A commissioners court order declaring the result of a local option election and prohibiting the sale of any or all types of alcoholic beverages must be published by posting the order at three public places in the county or other political subdivision in which the election was held.
(b)  The posting of the order shall be recorded in the minutes of the commissioners court by the county judge.  The entry in the minutes or a copy certified under the hand and seal of the county clerk is prima facie evidence of the posting.
Added by Acts 2005, 79th Leg., Ch. 975 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter D. Procedure Following Election › Section 501.155. Election Contest

Sec. 501.155.  ELECTION CONTEST.  (a)  The enforcement of local option laws in the political subdivision in which an election is being contested is not suspended during an election contest.
(b)  The result of an election contest finally settles all questions relating to the validity of that election.  A person may not call the legality of that election into question again in any other suit or proceeding.
(c)  If an election contest is not timely instituted, it is conclusively presumed that the election is valid and binding in all respects on all courts.
Added by Acts 2005, 79th Leg., Ch. 975 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 21 - Purpose and Construction › Section 21.001. Purpose of Code

Sec. 21.001.  PURPOSE OF CODE.  (a)  This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in the law codified as Section 323.007, Government Code.  The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change.
(b)  Consistent with the objectives of the statutory revision program, the purpose of this code is to make the law encompassed by this code more accessible and understandable by:
(1)  rearranging the statutes into a more logical order;
(2)  employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law;
(3)  eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions; and
(4)  restating the law in modern American English to the greatest extent possible.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1236 , Sec. 20.023(1), eff. September 1, 2015.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 2.01, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.001, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 20.002, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 20.023(1), eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 21 - Purpose and Construction › Section 21.002. Construction

Sec. 21.002.  CONSTRUCTION.  (a)  Except as provided by Section 22.027 or 1002.023, Chapter 311, Government Code (Code Construction Act), applies to the construction of a provision of this code.
(b)  This code and the Texas Probate Code, as amended, shall be considered one continuous statute, and for the purposes of any instrument that refers to the Texas Probate Code, this code shall be considered an amendment to the Texas Probate Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 2.02, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.002, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 173 (H.B. 2419), Sec. 1(b), eff. May 28, 2015.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 21 - Purpose and Construction › Section 21.003. Statutory References

Sec. 21.003.  STATUTORY REFERENCES.   A reference in a law other than in this code to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of that statute.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 2.03, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.003, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 20.004, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 21 - Purpose and Construction › Section 21.004. Effect of Division of Law

Sec. 21.004.  EFFECT OF DIVISION OF LAW.  The division of this code into titles, subtitles, chapters, subchapters, parts, subparts, sections, subsections, subdivisions, paragraphs, and subparagraphs is for convenience and does not have any legal effect.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 21 - Purpose and Construction › Section 21.005. Applicability of Certain Laws

Sec. 21.005.  APPLICABILITY OF CERTAIN LAWS.   Chapter 132, Civil Practice and Remedies Code, does not apply to Subchapter C, Chapter 251.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 2.04, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 1, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 20.005, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 21 - Purpose and Construction › Section 21.006. Applicability to Probate Proceedings

Sec. 21.006.  APPLICABILITY TO PROBATE PROCEEDINGS.  The procedure prescribed by Title 2 governs all probate proceedings.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.001. Applicability of Definitions

Sec. 22.001.  APPLICABILITY OF DEFINITIONS.  (a)  Except as provided by Subsection (b), the definition for a term provided by this chapter applies in this code unless a different meaning of the term is otherwise apparent from the context in which the term is used.
(b)  If Title 3 provides a definition for a term that is different from the definition provided by this chapter, the definition for the term provided by Title 3 applies in that title.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.005, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.002. Authorized Corporate Surety

Sec. 22.002.  AUTHORIZED CORPORATE SURETY.  "Authorized corporate surety" means a domestic or foreign corporation authorized to engage in business in this state for the purpose of issuing surety, guaranty, or indemnity bonds that guarantee the fidelity of an executor or administrator.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.003. Charitable Organization

Sec. 22.003.  CHARITABLE ORGANIZATION.  "Charitable organization" means:
(1)  a nonprofit corporation, trust, community chest, fund, foundation, or other entity that is:
(A)  exempt from federal income tax under Section 501(a), Internal Revenue Code of 1986, by being described by Section 501(c)(3) of that code; and
(B)  organized and operated exclusively for:
(i)  religious, charitable, scientific, educational, or literary purposes;
(ii)  testing for public safety;
(iii)  preventing cruelty to children or animals; or
(iv)  promoting amateur sports competition; or
(2)  any other entity that is organized and operated exclusively for the purposes listed in Section 501(c)(3), Internal Revenue Code of 1986.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.004. Child

Sec. 22.004.  CHILD.  (a)  "Child" includes an adopted child, regardless of whether the adoption occurred through:
(1)  an existing or former statutory procedure; or
(2)  an equitable adoption or acts of estoppel.
(b)  The term "child" does not include a child who does not have a presumed father unless a provision of this code expressly states that a child who does not have a presumed father is included.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.005. Claims

Sec. 22.005.  CLAIMS.  "Claims" includes:
(1)  liabilities of a decedent that survive the decedent's death, including taxes, regardless of whether the liabilities arise in contract or tort or otherwise;
(2)  funeral expenses;
(3)  the expense of a tombstone;
(4)  expenses of administration;
(5)  estate and inheritance taxes; and
(6)  debts due such estates.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.006. Corporate Fiduciary

Sec. 22.006.  CORPORATE FIDUCIARY.  "Corporate fiduciary" means a financial institution, as defined by Section 201.101, Finance Code, that:
(1)  is existing or engaged in business under the laws of this state, another state, or the United States;
(2)  has trust powers; and
(3)  is authorized by law to act under the order or appointment of a court of record, without giving bond, as receiver, trustee, executor, administrator, or, although the financial institution does not have general depository powers, depository for any money paid into the court, or to become sole guarantor or surety in or on any bond required to be given under the laws of this state.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.007. Court; County Court, Probate Court, and Statutory Probate Court

Sec. 22.007.  COURT; COUNTY COURT, PROBATE COURT, AND STATUTORY PROBATE COURT.  (a)  "Court" means and includes:
(1)  a county court in the exercise of its probate jurisdiction;
(2)  a court created by statute and authorized to exercise original probate jurisdiction; and
(3)  a district court exercising original probate jurisdiction in a contested matter.
(b)  The terms "county court" and "probate court" are synonymous and mean:
(1)  a county court in the exercise of its probate jurisdiction;
(2)  a court created by statute and authorized to exercise original probate jurisdiction; and
(3)  a district court exercising probate jurisdiction in a contested matter.
(c)  "Statutory probate court" means a court created by statute and designated as a statutory probate court under Chapter 25, Government Code.  For purposes of this code, the term does not include a county court at law exercising probate jurisdiction unless the court is designated a statutory probate court under Chapter 25, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.008. Devise

Sec. 22.008.  DEVISE.  "Devise":
(1)  used as a noun, includes a testamentary disposition of real property, personal property, or both; and
(2)  used as a verb, means to dispose of real property, personal property, or both, by will.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.009. Devisee

Sec. 22.009.  DEVISEE.  "Devisee" includes a legatee.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.010. Distributee

Sec. 22.010.  DISTRIBUTEE.  "Distributee" means a person who is entitled to a part of the estate of a decedent under a lawful will or the statutes of descent and distribution.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.011. Docket

Sec. 22.011.  DOCKET.  "Docket" means the probate docket.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.012. Estate

Sec. 22.012.  ESTATE.  "Estate" means a decedent's property, as that property:
(1)  exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2)  is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3)  is diminished by any decreases in or distributions from the property.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.013. Exempt Property

Sec. 22.013.  EXEMPT PROPERTY.  "Exempt property" means the property in a decedent's estate that is exempt from execution or forced sale by the constitution or laws of this state, and any allowance paid instead of that property.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.014. Governmental Agency of the State

Sec. 22.014.  GOVERNMENTAL AGENCY OF THE STATE.  "Governmental agency of the state" means:
(1)  a municipality;
(2)  a county;
(3)  a public school district;
(4)  a special-purpose district or authority;
(5)  a board, commission, department, office, or other agency in the executive branch of state government, including an institution of higher education, as defined by Section 61.003, Education Code;
(6)  the legislature or a legislative agency;
(7)  the supreme court, the court of criminal appeals, a court of appeals, or a district, county, or justice of the peace court;
(8)  a judicial agency having statewide jurisdiction; and
(9)  the State Bar of Texas.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.015. Heir

Sec. 22.015.  HEIR.  "Heir" means a person who is entitled under the statutes of descent and distribution to a part of the estate of a decedent who dies intestate.  The term includes the decedent's surviving spouse.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.016. Incapacitated Person

Sec. 22.016.  INCAPACITATED PERSON.  A person is "incapacitated" if the person:
(1)  is a minor;
(2)  is an adult who, because of a physical or mental condition, is substantially unable to:
(A)  provide food, clothing, or shelter for himself or herself;
(B)  care for the person's own physical health; or
(C)  manage the person's own financial affairs; or
(3)  must have a guardian appointed for the person to receive funds due the person from a governmental source.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.017. Independent Executor

Sec. 22.017.  INDEPENDENT EXECUTOR.  "Independent executor" means the personal representative of an estate under independent administration as provided by Chapter 401 and Section 402.001.  The term includes an independent administrator.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.006, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.018. Interested Person; Person Interested

Sec. 22.018.  INTERESTED PERSON; PERSON INTERESTED.  "Interested person" or "person interested" means:
(1)  an heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered; and
(2)  anyone interested in the welfare of an incapacitated person, including a minor.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.019. Judge

Sec. 22.019.  JUDGE.  "Judge" means the presiding judge of any court having original jurisdiction over probate proceedings, regardless of whether the court is:
(1)  a county court in the exercise of its probate jurisdiction;
(2)  a court created by statute and authorized to exercise probate jurisdiction; or
(3)  a district court exercising probate jurisdiction in a contested matter.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.020. Legacy

Sec. 22.020.  LEGACY.  "Legacy" includes a gift or devise of real or personal property made by a will.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.021. Legatee

Sec. 22.021.  LEGATEE.  "Legatee" includes a person who is entitled to a legacy under a will.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.022. Minor

Sec. 22.022.  MINOR.  "Minor" means a person younger than 18 years of age who:
(1)  has never been married; and
(2)  has not had the disabilities of minority removed for general purposes.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.024. Mortgage; Lien

Sec. 22.024.  MORTGAGE; LIEN.  "Mortgage" and "lien" include:
(1)  a deed of trust;
(2)  a vendor's lien, a mechanic's, materialman's, or laborer's lien, an attachment or garnishment lien, and a federal or state tax lien;
(3)  a chattel mortgage;
(4)  a judgment; and
(5)  a pledge by hypothecation.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.025. Net Estate

Sec. 22.025.  NET ESTATE.  "Net estate" means a decedent's property excluding:
(1)  homestead rights;
(2)  exempt property;
(3)  the family allowance; and
(4)  an enforceable claim against the decedent's estate.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.026. Next of Kin

Sec. 22.026.  NEXT OF KIN.  "Next of kin" includes:
(1)  an adopted child or the adopted child's descendants; and
(2)  the adoptive parent of the adopted child.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.027. Person

Sec. 22.027.  PERSON.  (a)  "Person" includes a natural person and a corporation.
(b)  Except as otherwise provided by this code, the definition of "person" assigned by Section 311.005, Government Code, does not apply to any provision in this code.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.028. Personal Property

Sec. 22.028.  PERSONAL PROPERTY.  "Personal property" includes an interest in:
(1)  goods;
(2)  money;
(3)  a chose in action;
(4)  an evidence of debt; and
(5)  a real chattel.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.029. Probate Matter; Probate Proceedings; Proceeding in Probate; Proceedings for Probate

Sec. 22.029.  PROBATE MATTER; PROBATE PROCEEDINGS; PROCEEDING IN PROBATE; PROCEEDINGS FOR PROBATE.  The terms "probate matter," "probate proceedings," "proceeding in probate," and "proceedings for probate" are synonymous and include a matter or proceeding relating to a decedent's estate.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.0295. Qualified Delivery Method

Sec. 22.0295.  QUALIFIED DELIVERY METHOD.  "Qualified delivery method" means delivery by:
(1)  hand delivery by courier, with courier's proof of delivery receipt;
(2)  certified or registered mail, return receipt requested, with return receipt; or
(3)  a private delivery service designated as a  designated delivery service by the United States Secretary of the Treasury under Section 7502(f)(2), Internal Revenue Code of 1986, with proof of delivery receipt.
Added by Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.030. Real Property

Sec. 22.030.  REAL PROPERTY.  "Real property" includes estates and interests in land, whether corporeal or incorporeal or legal or equitable.  The term does not include a real chattel.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.031. Representative; Personal Representative

Sec. 22.031.  REPRESENTATIVE; PERSONAL REPRESENTATIVE.  (a)  "Representative" and "personal representative" include:
(1)  an executor and independent executor;
(2)  an administrator, independent administrator, and temporary administrator; and
(3)  a successor to an executor or administrator listed in Subdivision (1) or (2).
(b)  The inclusion of an independent executor in Subsection (a) may not be construed to subject an independent executor to the control of the courts in probate matters with respect to settlement of estates, except as expressly provided by law.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.032. Surety

Sec. 22.032.  SURETY.  "Surety" includes a personal surety and a corporate surety.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.033. Ward

Sec. 22.033.  WARD.  "Ward" means a person for whom a guardian has been appointed.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 1 - General Provisions › Chapter 22 - Definitions › Section 22.034. Will

Sec. 22.034.  WILL.  "Will" includes:
(1)  a codicil; and
(2)  a testamentary instrument that merely:
(A)  appoints an executor or guardian;
(B)  directs how property may not be disposed of; or
(C)  revokes another will.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle A - Scope, Jurisdiction, Venue, and Courts › Chapter 31 - General Provisions › Section 31.001. Scope of "Probate Proceeding" for Purposes of Code

Sec. 31.001.  SCOPE OF "PROBATE PROCEEDING" FOR PURPOSES OF CODE.  The term "probate proceeding," as used in this code, includes:
(1)  the probate of a will, with or without administration of the estate;
(2)  the issuance of letters testamentary and of administration;
(3)  an heirship determination or small estate affidavit, community property administration, and homestead and family allowances;
(4)  an application, petition, motion, or action regarding the probate of a will or an estate administration, including a claim for money owed by the decedent;
(5)  a claim arising from an estate administration and any action brought on the claim;
(6)  the settling of a personal representative's account of an estate and any other matter related to the settlement, partition, or distribution of an estate;
(7)  a will construction suit; and
(8)  a will modification or reformation proceeding under Subchapter J, Chapter 255.
Added by Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 13(a), eff. January 1, 2014.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle A - Scope, Jurisdiction, Venue, and Courts › Chapter 31 - General Provisions › Section 31.002. Matters Related to Probate Proceeding

Sec. 31.002.  MATTERS RELATED TO PROBATE PROCEEDING.  (a)  For purposes of this code, in a county in which there is no statutory probate court or county court at law exercising original probate jurisdiction, a matter related to a probate proceeding includes:
(1)  an action against a personal representative or former personal representative arising out of the representative's performance of the duties of a personal representative;
(2)  an action against a surety of a personal representative or former personal representative;
(3)  a claim brought by a personal representative on behalf of an estate;
(4)  an action brought against a personal representative in the representative's capacity as personal representative;
(5)  an action for trial of title to real property that is estate property, including the enforcement of a lien against the property; and
(6)  an action for trial of the right of property that is estate property.
(b)  For purposes of this code, in a county in which there is no statutory probate court, but in which there is a county court at law exercising original probate jurisdiction, a matter related to a probate proceeding includes:
(1)  all matters and actions described in Subsection (a);
(2)  the interpretation and administration of a testamentary trust if the will creating the trust has been admitted to probate in the court; and
(3)  the interpretation and administration of an inter vivos trust created by a decedent whose will has been admitted to probate in the court.
(c)  For purposes of this code, in a county in which there is a statutory probate court, a matter related to a probate proceeding includes:
(1)  all matters and actions described in Subsections (a) and (b); and
(2)  any cause of action in which a personal representative of an estate pending in the statutory probate court is a party in the representative's capacity as personal representative.
Added by Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 13(a), eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle A - Scope, Jurisdiction, Venue, and Courts › Chapter 32 - Jurisdiction › Section 32.001. General Probate Court Jurisdiction; Appeals

Sec. 32.001.  GENERAL PROBATE COURT JURISDICTION; APPEALS.  (a)  All probate proceedings must be filed and heard in a court exercising original probate jurisdiction.  The court exercising original probate jurisdiction also has jurisdiction of all matters related to the probate proceeding as specified in Section 31.002 for that type of court.
(b)  A probate court may exercise pendent and ancillary jurisdiction as necessary to promote judicial efficiency and economy.
(c)  A final order issued by a probate court is appealable to the court of appeals.
(d)  The administration of the estate of a decedent, from the filing of the application for probate and administration, or for administration, until the decree of final distribution and the discharge of the last personal representative, shall be considered as one proceeding for purposes of jurisdiction.  The entire proceeding is a proceeding in rem.
Added by Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 13(a), eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 2, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle A - Scope, Jurisdiction, Venue, and Courts › Chapter 32 - Jurisdiction › Section 32.002. Original Jurisdiction for Probate Proceedings

Sec. 32.002.  ORIGINAL JURISDICTION FOR PROBATE PROCEEDINGS.  (a)  In a county in which there is no statutory probate court or county court at law exercising original probate jurisdiction, the county court has original jurisdiction of probate proceedings.
(b)  In a county in which there is no statutory probate court, but in which there is a county court at law exercising original probate jurisdiction, the county court at law exercising original probate jurisdiction and the county court have concurrent original jurisdiction of probate proceedings, unless otherwise provided by law.  The judge of a county court may hear probate proceedings while sitting for the judge of any other county court.
(c)  In a county in which there is a statutory probate court, the statutory probate court has original jurisdiction of probate proceedings.
Added by Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 13(a), eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle A - Scope, Jurisdiction, Venue, and Courts › Chapter 32 - Jurisdiction › Section 32.004. Jurisdiction of Contested Probate Proceeding in County With No Statutory Probate Court

Sec. 32.004.  JURISDICTION OF CONTESTED PROBATE PROCEEDING IN COUNTY WITH NO STATUTORY PROBATE COURT.  (a)  In a county in which there is no statutory probate court, but in which there is a county court at law exercising original probate jurisdiction, when a matter in a probate proceeding is contested, the judge of the county court may, on the judge's own motion, or shall, on the motion of any party to the proceeding, transfer the contested matter to the county court at law.  In addition, the judge of the county court, on the judge's own motion or on the motion of a party to the proceeding, may transfer the entire proceeding to the county court at law.
(b)  A county court at law to which a proceeding is transferred under this section may hear the proceeding as if originally filed in that court.  If only a contested matter in the proceeding is transferred, on the resolution of the matter, the matter shall be returned to the county court for further proceedings not inconsistent with the orders of the county court at law.
Added by Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 13(a), eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle A - Scope, Jurisdiction, Venue, and Courts › Chapter 32 - Jurisdiction › Section 32.005. Exclusive Jurisdiction of Probate Proceeding in County With Statutory Probate Court

Sec. 32.005.  EXCLUSIVE JURISDICTION OF PROBATE PROCEEDING IN COUNTY WITH STATUTORY PROBATE COURT.  (a)  In a county in which there is a statutory probate court, the statutory probate court has exclusive jurisdiction of all probate proceedings, regardless of whether contested or uncontested.  A cause of action related to the probate proceeding must be brought in a statutory probate court unless the jurisdiction of the statutory probate court is concurrent with the jurisdiction of a district court as provided by Section 32.007 or with the jurisdiction of any other court.
(b)  This section shall be construed in conjunction and in harmony with Chapter 401 and Section 402.001 and all other sections of this title relating to independent executors, but may not be construed to expand the court's control over an independent executor.
Added by Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 13(a), eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.007, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle A - Scope, Jurisdiction, Venue, and Courts › Chapter 32 - Jurisdiction › Section 32.006. Jurisdiction of Statutory Probate Court With Respect to Trusts and Powers of Attorney

Sec. 32.006.  JURISDICTION OF STATUTORY PROBATE COURT WITH RESPECT TO TRUSTS AND POWERS OF ATTORNEY.  In a county in which there is a statutory probate court, the statutory probate court has jurisdiction of:
(1)  an action by or against a trustee;
(2)  an action involving an inter vivos trust, testamentary trust, or charitable trust;
(3)  an action by or against an agent or former agent under a power of attorney arising out of the agent's performance of the duties of an agent; and
(4)  an action to determine the validity of a power of attorney or to determine an agent's rights, powers, or duties under a power of attorney.
Added by Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 13(a), eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 3, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle A - Scope, Jurisdiction, Venue, and Courts › Chapter 32 - Jurisdiction › Section 32.007. Concurrent Jurisdiction With District Court

Sec. 32.007.  CONCURRENT JURISDICTION WITH DISTRICT COURT.  A statutory probate court has concurrent jurisdiction with the district court in:
(1)  a personal injury, survival, or wrongful death action by or against a person in the person's capacity as a personal representative;
(2)  an action by or against a trustee;
(3)  an action involving an inter vivos trust, testamentary trust, or charitable trust, including a charitable trust as defined by Section 123.001, Property Code;
(4)  an action involving a personal representative of an estate in which each other party aligned with the personal representative is not an interested person in that estate;
(5)  an action against an agent or former agent under a power of attorney arising out of the agent's performance of the duties of an agent; and
(6)  an action to determine the validity of a power of attorney or to determine an agent's rights, powers, or duties under a power of attorney.
Added by Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 13(a), eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.03, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle A - Scope, Jurisdiction, Venue, and Courts › Chapter 33 - Venue › Subchapter A. Venue for Certain Proceedings › Section 33.001. Probate of Wills and Granting of Letters Testamentary and of Administration

Sec. 33.001.  PROBATE OF WILLS AND GRANTING OF LETTERS TESTAMENTARY AND OF ADMINISTRATION.  (a)  Venue for a probate proceeding to admit a will to probate or for the granting of letters testamentary or of administration is:
(1)  in the county in which the decedent resided, if the decedent had a domicile or fixed place of residence in this state; or
(2)  with respect to a decedent who did not have a domicile or fixed place of residence in this state:
(A)  if the decedent died in this state, in the county in which:
(i)  the decedent's principal estate was located at the time of the decedent's death; or
(ii)  the decedent died; or
(B)  if the decedent died outside of this state:
(i)  in any county in this state in which the decedent's nearest of kin reside; or
(ii)  if there is no next of kin of the decedent in this state, in the county in which the decedent's principal estate was located at the time of the decedent's death.
(b)  For purposes of this section:
(1)  the decedent's next of kin:
(A)  is the decedent's surviving spouse, or if there is no surviving spouse, other relatives of the decedent within the third degree by consanguinity; and
(B)  includes a person who legally adopted the decedent or has been legally adopted by the decedent and that person's descendants; and
(2)  the decedent's nearest of kin is determined in accordance with order of descent, with the decedent's next of kin who is nearest in order of descent first, and so on.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.04, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle A - Scope, Jurisdiction, Venue, and Courts › Chapter 33 - Venue › Subchapter A. Venue for Certain Proceedings › Section 33.002. Action Related to Probate Proceeding in Statutory Probate Court

Sec. 33.002.  ACTION RELATED TO PROBATE PROCEEDING IN STATUTORY PROBATE COURT.  Except as provided by Section 33.003, venue for any cause of action related to a probate proceeding pending in a statutory probate court is proper in the statutory probate court in which the decedent's estate is pending.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.04, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle A - Scope, Jurisdiction, Venue, and Courts › Chapter 33 - Venue › Subchapter A. Venue for Certain Proceedings › Section 33.003. Certain Actions Involving Personal Representative

Sec. 33.003.  CERTAIN ACTIONS INVOLVING PERSONAL REPRESENTATIVE.  Notwithstanding any other provision of this chapter, the proper venue for an action by or against a personal representative for personal injury, death, or property damages is determined under Section 15.007, Civil Practice and Remedies Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.04, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle A - Scope, Jurisdiction, Venue, and Courts › Chapter 33 - Venue › Subchapter A. Venue for Certain Proceedings › Section 33.004. Heirship Proceedings

Sec. 33.004.  HEIRSHIP PROCEEDINGS.  (a)  Venue for a proceeding to determine a decedent's heirs is in:
(1)  the court of the county in which a proceeding admitting the decedent's will to probate or administering the decedent's estate was most recently pending; or
(2)  the court of the county in which venue would be proper for commencement of an administration of the decedent's estate under Section 33.001 if:
(A)  no will of the decedent has been admitted to probate in this state and no administration of the decedent's estate has been granted in this state; or
(B)  the proceeding is commenced by the trustee of a trust holding assets for the benefit of the decedent.
(b)  Notwithstanding Subsection (a) and Section 33.001, if there is no administration pending of the estate of a deceased ward who died intestate, venue for a proceeding to determine the deceased ward's heirs is in the probate court in which the guardianship proceedings with respect to the ward's estate were pending on the date of the ward's death.  A proceeding described by this subsection may not be brought as part of the guardianship proceedings with respect to the ward's estate, but rather must be filed as a separate cause in which the court may determine the heirs' respective shares and interests in the estate as provided by the laws of this state.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.04, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle A - Scope, Jurisdiction, Venue, and Courts › Chapter 33 - Venue › Subchapter A. Venue for Certain Proceedings › Section 33.005. Certain Actions Involving Breach of Fiduciary Duty

Sec. 33.005.  CERTAIN ACTIONS INVOLVING BREACH OF FIDUCIARY DUTY.  Notwithstanding any other provision of this chapter, venue for a proceeding brought by the attorney general alleging breach of a fiduciary duty by a charitable entity or a fiduciary or managerial agent of a charitable trust is determined under Section 123.005, Property Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.04, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle A - Scope, Jurisdiction, Venue, and Courts › Chapter 33 - Venue › Subchapter B. Determination of Venue › Section 33.051. Commencement of Proceeding

Sec. 33.051.  COMMENCEMENT OF PROCEEDING.  For purposes of this subchapter, a probate proceeding is considered commenced on the filing of an application for the proceeding that avers facts sufficient to confer venue on the court in which the application is filed.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.04, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle A - Scope, Jurisdiction, Venue, and Courts › Chapter 33 - Venue › Subchapter B. Determination of Venue › Section 33.052. Concurrent Venue

Sec. 33.052.  CONCURRENT VENUE.  (a)  If applications for probate proceedings involving the same estate are filed in two or more courts having concurrent venue, the court in which a proceeding involving the estate was first commenced has and retains jurisdiction of the proceeding to the exclusion of the other court or courts in which a proceeding involving the same estate was commenced.
(b)  The first commenced probate proceeding extends to all of the decedent's property, including the decedent's estate property.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.04, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle A - Scope, Jurisdiction, Venue, and Courts › Chapter 33 - Venue › Subchapter B. Determination of Venue › Section 33.053. Probate Proceedings in More Than One County

Sec. 33.053.  PROBATE PROCEEDINGS IN MORE THAN ONE COUNTY.  If probate proceedings involving the same estate are commenced in more than one county, each proceeding commenced in a county other than the county in which a proceeding was first commenced is stayed until the court in which the proceeding was first commenced makes a final determination of venue.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.04, eff. January 1, 2014.