By Eiland                                             H.B. No. 2582
         76R8883 T                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the liability of attorneys who breach a duty of care in
 1-3     drafting a will.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 4 of the Texas Probate Code shall be
 1-6     amended to add Section 57A, and read as follows:
 1-7           Section 57A.  ATTORNEY DUTY OF CARE TO TESTATOR AND
 1-8     BENEFICIARY.  An attorney who drafts a will that is duly executed
 1-9     by the testator owes a duty of care to both the testator and the
1-10     intended beneficiaries of the will.  Both the testator of the will
1-11     and the intended beneficiaries have a cause of action, on behalf of
1-12     the testator's estate or individually, for legal malpractice if an
1-13     attorney breaches the duty of care.
1-14           SECTION 2.  This Act takes effect September 1, 1999, and
1-15     applies to all wills drafted before or after this act takes effect.
1-16           SECTION 3.  The importance of this legislation and the
1-17     crowded condition of the calenders in both houses create an
1-18     emergency and an imperative public necessity that the
1-19     constitutional rule requiring bills to be read on three several
1-20     days in each house be suspended, and this rule is hereby suspended.