By:  Sibley                                           S.B. No. 1860
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                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.
1-22           (b)  A will executed before the effective date of this Act is
 2-1     governed by the law in effect on the date the will was executed,
 2-2     and the former law is continued in effect for that purpose.
 2-3           SECTION 3.  The importance of this legislation and the
 2-4     crowded condition of the calendars in both houses create an
 2-5     emergency and an imperative public necessity that the
 2-6     constitutional rule requiring bills to be read on three several
 2-7     days in each house be suspended, and this rule is hereby suspended,
 2-8     and that this Act take effect and be in force from and after its
 2-9     passage, and it is so enacted.