1-1 AN ACT
1-2 relating to the validity of certain devises or bequests.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 58b(b), Texas Probate Code, is amended to
1-5 read as follows:
1-6 (b) This section does not apply to:
1-7 (1) a devise or bequest made to a person who:
1-8 (A) is the testator's spouse;
1-9 (B) is an ascendant or descendant of the
1-10 testator; or
1-11 (C) is related within the third [second] degree
1-12 by consanguinity or affinity to the testator; or
1-13 (2) [, nor to] a bona fide purchaser for value from a
1-14 devisee in a will.
1-15 SECTION 2. (a) The change in law made by this Act to
1-16 Section 58b(b), Texas Probate Code, applies only to a will executed
1-17 on or after the effective date of this Act.
1-18 (b) A will executed before the effective date of this Act is
1-19 governed by the law in effect on the date the will was executed,
1-20 and the former law is continued in effect for that purpose.
1-21 SECTION 3. This Act takes effect immediately if it receives
1-22 a vote of two-thirds of all the members elected to each house, as
1-23 provided by Section 39, Article III, Texas Constitution. If this
1-24 Act does not receive the vote necessary for immediate effect, this
2-1 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2152 was passed by the House on April
27, 2001, by the following vote: Yeas 143, Nays 0, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2152 was passed by the Senate on May
22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor