By Averitt                                            H.B. No. 2152
         77R6911 KLA-F                           
                                A BILL TO BE ENTITLED
 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.