SRC-AXB S.B. 1860 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1860
By: Sibley
Jurisprudence
4/22/1999
As Filed


DIGEST 

Currently, Section 58b, 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 allows flexibility for the prohibition against attorneys including
themselves in wills which they prepare by limiting the application of
Section 58b, Texas Probate Code. 

PURPOSE

As proposed, S.B. 1860 limits the application of Section 58b, Texas Probate
Code, regarding certain devises or bequests. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 58b, Texas Probate Code, to provide that this
section does not apply to a devise or bequest made by the following
relations of a testator: a spouse, a descendant in any degree, an ascendant
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.