1-1     By:  Cain                                              S.B. No. 912

 1-2           (In the Senate - Filed March 4, 1997; March 6, 1997, read

 1-3     first time and referred to Committee on Jurisprudence;

 1-4     March 25, 1997, reported favorably by the following vote:  Yeas 7,

 1-5     Nays 0; March 25, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to trusts for certain minors or incapacitated persons.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Section  142.005, Property Code, is amended by

1-11     adding Subsection (g) to read as follows:

1-12           (g)  Notwithstanding any other provision of this chapter, if

1-13     the court finds that it would be in the best interests of the minor

1-14     or incapacitated person for whom a trust is created under this

1-15     section, the trust may contain provisions determined by the court

1-16     to be necessary to establish a special needs trust as specified

1-17     under 42 U.S.C. Section 1396p(d)(4)(A).

1-18           SECTION 2.  The importance of this legislation and the

1-19     crowded condition of the calendars in both houses create an

1-20     emergency and an imperative public necessity that the

1-21     constitutional rule requiring bills to be read on three several

1-22     days in each house be suspended, and this rule is hereby suspended,

1-23     and that this Act take effect and be in force from and after its

1-24     passage, and it is so enacted.

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