HBA-RBT H.B. 1508 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1508 By: Palmer Judicial Affairs 3/2/1999 Introduced BACKGROUND AND PURPOSE Currently, a person who murders another person is not legally precluded from inheriting from the decedent's estate or holdings. While the law prevents payments of insurance benefits to the person convicted of murdering the insured party, there is no provision for outlawing the inheritance of a private estate or holdings by the person that killed the victim. H.B. 1508 prevents murderers from inheriting from their victims. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 41, Texas Probate Code, to require a person who is convicted of murdering another person to forfeit any right or interest in the victim's will, inheritance, insurance policy proceeds, or other property. Deletes provision which requires the proceeds of an insurance policy to be paid as provided in the Insurance Code in the case of a beneficiary in a life insurance policy or contract who is convicted and sentenced as a principal or accomplice in wilfully bringing about the death of the insured. Provides that the proceeds of a life insurance policy or contract shall be paid as provided by Article 21.23, Insurance Code (Forfeiture of Beneficiary's Rights). Makes conforming and nonsubstantive changes. SECTION 2. Amends Article 1.19, Code of Criminal Procedure, to make a conforming change. SECTION 3. Provides that this Act takes effect on the first day of the calendar month in which the constitutional amendment proposed by H.J.R. No. 52, 76th Legislature, Regular Session, 1999, takes effect. If that constitutional amendment is not approved, this Act has no effect. SECTION 4. Makes application of this Act prospective. SECTION 5. Emergency clause.