By Corte                                              H.B. No. 3580
         76R4335 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the attorney-client relationship between certain
 1-3     persons.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Part 5, Chapter VII, Texas Probate Code, is
 1-6     amended by adding Section 228 to read as follows:
 1-7           Sec. 228.  EMPLOYMENT OF AGENT.  (a)  An executor or
 1-8     administrator may employ an attorney to provide legal assistance in
 1-9     the administration of the estate of a decedent if the services of
1-10     an attorney are reasonably  necessary.
1-11           (b)  The employment of an attorney by an executor establishes
1-12     an attorney-client relationship between:
1-13                 (1)  the executor and the attorney; and
1-14                 (2)  each beneficiary under the terms of the decedent's
1-15     will and the attorney.
1-16           (c)  The employment of an attorney by an administrator
1-17     establishes an attorney-client relationship between:
1-18                 (1)  the administrator and the attorney; and
1-19                 (2)  each of the decedent's heirs and the attorney.
1-20           SECTION 2.  Section 113.018, Property Code, is amended to
1-21     read as follows:
1-22           Sec. 113.018.  EMPLOYMENT OF AGENTS.  (a)  A trustee may
1-23     employ attorneys, accountants, agents, and brokers reasonably
1-24     necessary in the  administration of the trust estate.
 2-1           (b)  The employment of an attorney by a trustee establishes
 2-2     an attorney-client relationship between:
 2-3                 (1)  the trustee and the attorney; and
 2-4                 (2)  each beneficiary under the trust and the attorney.
 2-5           SECTION 3.  This Act takes effect September 1, 1999, and
 2-6     applies only to the establishment of an attorney-client
 2-7     relationship on or after that date.
 2-8           SECTION 4.  The importance of this legislation and the
 2-9     crowded condition of the calendars in both houses create an
2-10     emergency and an imperative public necessity that the
2-11     constitutional rule requiring bills to be read on three several
2-12     days in each house be suspended, and this rule is hereby suspended.