Amend HB 1852 by adding an appropriately numbered section to
the bill to read as follows and by renumbering the existing
sections of the bill accordingly:
      SECTION ____.  Section 10B, Texas Probate Code, is amended to
read as follows:
      Sec. 10B.  ]SCOMMUNICATIONS OR RECORDS RELATING TO DECEDENT'S
CONDITION BEFORE DEATH  .  Notwithstanding the Medical Practice Act
(Article 4495b, Vernon's Texas Civil Statutes), a person who is a
party to a will contest or a proceeding in which a party relies on
the mental or testamentary capacity of a decedent before the
decedent's death as part of the party's claim or defense is
entitled to production of all communications or records relevant to
the decedent's condition before the decedent's death.  On receipt
of a subpoena of communications or records under this section and
proof of filing of the will contest or proceeding, by file-stamped
<certified> copy, the appropriate physician, hospital, medical
facility, custodian of records, or other person in possession of
the communications or records shall release the communications or
records to the party requesting the records without further
authorization.