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.