SRC-BWC H.B. 2152 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2152
77R6911 KLA-FBy: Averitt (Jackson)
Jurisprudence
5/10/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, the Texas Probate Code provides that a devise or bequest
made to an attorney, an attorney's heir, or an employee of the attorney who
prepares or supervises the preparation of a will is void.  However, a
person who makes a bequest and was related within the second degree of
consanguinity or affinity to the testator is excepted from this provision.
While the statute itself applies to devises or bequests, the exception only
applies to bequests and could be construed to disallow any gift of real
estate to the spouse or child of the attorney.  In addition, gifts to great
grandchildren of the testator are disallowed by current statutes, if those
great grandchildren were the heirs of the attorney preparing the will
because they are not within the second degree of consanguinity.  H.B. 2152
includes the testator's spouse, an ascendant or descendant of the testator,
or a person that is related within the third degree by consanguinity or
affinity to the testator among persons allowed to make a valid devise or
bequest to an attorney  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 58(b), Texas Probate Code, to provide that this
section does not apply to a devise or bequest made to a person who is the
testator's spouse, is an ascendant or descendant of the testator, or is
related within the third, rather than second, degree by consanguinity or
affinity to the testator; or a bona fida purchaser for value from a devisee
in a will. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: upon passage or September 1, 2001.