By Eiland                                             H.B. No. 1160
         77R1690 MTB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to establishing a duty of care for an attorney who
 1-3     prepares a will.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter IV, Texas Probate Code, is amended by
 1-6     adding Section 57A to read as follows:
 1-7           Sec. 57A.  ATTORNEY DUTY OF CARE IN PREPARATION OF WILL;
 1-8     CIVIL LIABILITY. (a)  An attorney who, for compensation, prepares a
 1-9     will that is executed by the testator owes a professional duty of
1-10     care to the testator and each person named or designated as a
1-11     beneficiary, legatee, or devisee in the testator's will.
1-12           (b)  A testator and a person named or designated as a
1-13     beneficiary, legatee, or devisee in the testator's will,
1-14     individually and on behalf of the testator's estate, may bring a
1-15     cause of action against an attorney for breach of the duty imposed
1-16     by Subsection (a)  of this section.
1-17           SECTION 2. Section 57A, Texas Probate Code, as added by this
1-18     Act, applies only to an attorney retained by a person on or after
1-19     the effective date of this Act.  An attorney retained by a person
1-20     before the effective date of this Act is governed by the law in
1-21     effect on the date on which the attorney was retained, and the
1-22     former law is continued in effect for that purpose.
1-23           SECTION 3. This Act takes effect September 1, 2001.