By:  Whitmire                                         S.B. No. 1176

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the validity of certain devises or bequests.

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

 1-3           SECTION 1.  Chapter IV, Texas Probate Code, is amended by

 1-4     adding Section 58b to read as follows:

 1-5           Sec. 58b.  DEVISES AND BEQUESTS THAT ARE VOID.  (a)  A devise

 1-6     or bequest of property in a will to an attorney who prepares or

 1-7     supervises the preparation of the will or a devise or bequest of

 1-8     property in a will to an heir or employee of the attorney who

 1-9     prepares or supervises the preparation of the will is void.

1-10           (b)  This section does not apply to a bequest made to a

1-11     person who is related within the second degree by consanguinity or

1-12     affinity to the testator.

1-13           SECTION 2.  This Act takes effect September 1, 1997, and

1-14     applies only to a will executed on or after that date.  A will

1-15     executed before the effective date of this Act is governed by the

1-16     law in effect on the date the will was executed, and that law is

1-17     continued in effect for that purpose.

1-18           SECTION 3.  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.