HBA-RBT H.J.R. 52 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 52
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.  As proposed, H.J.R. 52 requires the submission to the voters of a
constitutional amendment which prohibits 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 21, Article I, Texas Constitution, to authorize
the legislature to provide by law for the forfeiture of a right to or
interest in a decedent's estate on conviction of a devisee, legatee, heir,
or donee for the murder or capital murder of the decedent.  Makes a
conforming change. 

SECTION 2.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Requires the
ballot to be printed to permit voting for or against the proposition and
sets forth the required language for the ballot.