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.