Texas HB 3395: Relating to authorizing a beneficiary designation that transfers a manufactured home classified as personal property at the owner's death.

Bill Text

By:AAVanDeaver (Senate SponsorA-AHughes) H.B.ANo.A3395
(In the SenateA-AReceived from the House MayA6,A2025;
MayA9,A2025, read first time and referred to Committee on
Jurisprudence; MayA19,A2025, reported favorably by the following
vote: Yeas 5, Nays 0; MayA19,A2025, sent to printer.)
COMMITTEE VOTE
AAAAAAAAAAAAAAAAAAA Yea Nay AbsentA PNV
HughesAAAAA AAAA AXA AAAAAAA AAA
JohnsonAAAAAAAAAAAA AXA AAA AAAAAAA AAA
CreightonAAAAAAAAAA AXA AAA AAAAAAA AAA
Hinojosa of Hidalgo AXA AAA AAAAAAA AAA
MiddletonAAAAAAAAAA AXA AAA AAAAAAA AAA
A BILL TO BE ENTITLED
AN ACT
relating to authorizing a beneficiary designation that transfers a
manufactured home classified as personal property at the owner’s
death.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASubtitle C, Title 2, Estates Code, is amended by
adding Chapter 116 to read as follows:
CHAPTER 116. BENEFICIARY DESIGNATION FOR CERTAIN MANUFACTURED
HOMES
Sec.A116.001.AADEFINITIONS. In this chapter:
(1)AA"Beneficiary designation" means the designation
by an owner of a manufactured home of one or more beneficiaries of
the home as provided by Section 1201.2135, Occupations Code.
(2)AA"Designated beneficiary" means a person
designated as a beneficiary of an owner’s interest in a
manufactured home under Section 1201.2135, Occupations Code.
(3)AA"Joint owner with right of survivorship" or "joint
owner" means a person who owns a manufactured home concurrently
with one or more other persons with a right of survivorship. The
term does not include an owner of community property with or without
a right of survivorship.
(4)AA"Manufactured home" has the meaning assigned by
Section 1201.003, Occupations Code.
(5)AA"Person" has the meaning assigned by Section
311.005, Government Code.
Sec.A116.002.AAAPPLICABILITY. This chapter applies only to
a manufactured home classified as personal property under Section
2.001, Property Code.
Sec.A116.003.AABENEFICIARY DESIGNATION AUTHORIZED. (a) An
owner of a manufactured home may transfer the owner’s interest in
the home to one or more beneficiaries effective on the owner’s death
by designating each beneficiary as provided by Section 1201.2135,
Occupations Code.
(b)AAA beneficiary designation is:
(1)AAsubject to Section 116.004(b), revocable and may
be changed at any time without the consent of the designated
beneficiaries as provided by Section 1201.2135, Occupations Code;
(2)AAa nontestamentary instrument; and
(3)AAeffective without:
(A)AAnotice or delivery to or acceptance by the
designated beneficiaries during the owner’s life; or
(B)AAconsideration.
(c)AAA will may not revoke or supersede a beneficiary
designation, regardless of when the will is made.
(d)AAA designated beneficiary may disclaim the designated
beneficiary’s interest in the manufactured home as provided by
Chapter 240, Property Code.
Sec.A116.004.AAJOINT OWNERSHIP. (a) If a manufactured home
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that is the subject of a beneficiary designation is owned by joint
owners with right of survivorship, the beneficiary designation must
be made by all of the joint owners.
(b)AAA beneficiary designation made by joint owners with
right of survivorship:
(1)AAmay be revoked or changed as provided by Section
1201.2135, Occupations Code, only if it is revoked or changed by all
of the joint owners; and
(2)AAmay be revoked or changed by the last surviving
joint owner as provided by Section 1201.2135, Occupations Code.
Sec.A116.005.AAEFFECT OF BENEFICIARY DESIGNATION DURING
OWNER’S LIFE. During a manufactured home owner’s life, a
beneficiary designation does not:
(1)AAaffect an interest or right of the owner or owners
making the designation, including the right to transfer or
encumber the home that is the subject of the designation;
(2)AAcreate a legal or equitable interest in favor of a
designated beneficiary in the home that is the subject of the
designation, even if the beneficiary has actual or constructive
notice of the designation;
(3)AAaffect an interest or right of a secured or
unsecured creditor or future creditor of the owner or owners making
the designation, even if the creditor has actual or constructive
notice of the designation; or
(4)AAaffect an owner’s or any designated beneficiary’s
eligibility for any form of public assistance, subject to
applicable federal law.
Sec.A116.006.AAEFFECT OF BENEFICIARY DESIGNATION AT OWNER’S
OR LAST SURVIVING OWNER’S DEATH. (a) On the death of the owner of a
manufactured home that is the subject of a beneficiary designation,
the following rules apply to an interest in the home:
(1)AAif any designated beneficiary survives the owner
making the designation by 120 hours, the interest in the home is
transferred to each surviving designated ben