PMWJ S.B. 1176 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
S.B. 1176
By: Whitmire (Hawley)
5-8-97
Committee Report (Amended)


BACKGROUND 

 Currently, according to State Bar ethics rules, probate attorneys are not
supposed to include themselves in a will that the attorneys write for a
non-family member.  Some probate attorneys have written themselves into
wills knowing that they can receive sums of money or property for doing
so, with the only potential punishment under the ethics rules being
disbarment.  With a growing elderly population in Texas, there has been an
increase in attorneys who have, unknowingly to the testator or rightful
heirs, written themselves into wills. 


PURPOSE

 S.B. 1176 voids bequests and devises in a will to the attorney who
prepared or supervised the preparation of the will unless the testator is
related to the attorney or the attorney's heirs within the second degree
by consanguinity or affinity.  


RULEMAKING AUTHORITY

 It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 


SECTION BY SECTION ANALYSIS

 SECTION 1 amends Chapter IV, Probate Code, by adding Section 58b, as
follows: 
 Sec. 58b.  DEVISES AND BEQUESTS THAT ARE VOID.  Provides that a devise or
bequest of property in a will to an attorney who prepares or supervises
the preparation of the will or a devise or bequest of property in a will
to an heir or employee of the attorney who prepares or supervises the
preparation of the will is void.  Provides that this section does not
apply to a bequest made to a person who is related within the second
degree by consanguinity or affinity to the testator. 

 SECTION 2. Effective date.  Application of act.

 SECTION 3. Emergency clause.


EXPLANATION OF AMENDMENTS

 Committee Amendment No. 1 strikes "or employee" [of the attorney] from
the list of persons who are prohibited from receiving a devise or bequest
of property in a will prepared by the attorney. 
 Committee Amendment No. 2 inserts ", nor to a bona fide purchaser for
value from a devisee in a will" to ensure that bona fide purchasers for
value of a void bequest or devise are exempt from this act.