By: Sibley S.B. No. 1860
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the validity of certain devises or bequests.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 58b, Texas Probate Code, is amended to
1-4 read as follows:
1-5 Sec. 58b. Devises and Bequests That Are Void. (a) A devise
1-6 or bequest of property in a will to an attorney who prepares or
1-7 supervises the preparation of the will or a devise or bequest of
1-8 property in a will to an heir or employee of the attorney who
1-9 prepares or supervises the preparation of the will is void.
1-10 (b) This section does not apply to:
1-11 (1) a devise or bequest made to a person who is:
1-12 (A) a spouse of the testator;
1-13 (B) a descendant of the testator in any degree;
1-14 (C) an ascendant of the testator in any degree;
1-15 or
1-16 (D) related within the third [second] degree by
1-17 consanguinity or affinity to the testator; or[, nor to]
1-18 (2) a bona fide purchaser for value from a devisee in
1-19 a will.
1-20 SECTION 2. (a) This Act applies only to a will executed on
1-21 or after the effective date of this Act.
1-22 (b) A will executed before the effective date of this Act is
1-23 governed by the law in effect on the date the will was executed,
1-24 and the former law is continued in effect for that purpose.
2-1 SECTION 3. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended,
2-6 and that this Act take effect and be in force from and after its
2-7 passage, and it is so enacted.