AN ACT

 1-1     relating to trusts for certain minors or incapacitated persons.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Section  142.005, Property Code, is amended by

 1-4     adding Subsection (g) to read as follows:

 1-5           (g)  Notwithstanding any other provision of this chapter, if

 1-6     the court finds that it would be in the best interests of the minor

 1-7     or incapacitated person for whom a trust is created under this

 1-8     section, the trust may contain provisions determined by the court

 1-9     to be necessary to establish a special needs trust as specified

1-10     under 42 U.S.C. Section 1396p(d)(4)(A).

1-11           SECTION 2.  The importance of this legislation and the

1-12     crowded condition of the calendars in both houses create an

1-13     emergency and an imperative public necessity that the

1-14     constitutional rule requiring bills to be read on three several

1-15     days in each house be suspended, and this rule is hereby suspended,

1-16     and that this Act take effect and be in force from and after its

1-17     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 912 passed the Senate on

         April 3, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 912 passed the House on

         May 2, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor