HBA-KMH S.B. 1860 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1860
By: Sibley
Judicial Affairs
5/19/1999
Engrossed


BACKGROUND AND PURPOSE

Currently, Section 58b (Devises and Bequests That Are Void), Probate Code,
prevents attorneys who prepare wills from including themselves in the will
as beneficiaries.  It voids such bequests or devises unless the testator is
related to the attorney or the attorney's heirs within the second degree by
consanguinity or affinity.  However, testators wishing to direct gifts to
great-grandchildren or create multi-generational trusts for individuals who
are related to the attorney may have their wishes declared void by Section
58b, Probate Code.  S.B. 1860 limits the application of Section 58b,
Probate Code, regarding certain devises or bequests. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 58b, Probate Code, to provide that this section
does not apply to a devise or bequest made by a person who is a spouse of
the testator, a descendant of the testator in any degree, an ascendant of
the testator in any degree, or a person who is related within the third,
rather than second, degree by consanguinity or affinity. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.Emergency clause.
  Effective date:  upon passage.