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.