1-1     By:  Averitt (Senate Sponsor - Jackson)               H.B. No. 2152
 1-2           (In the Senate - Received from the House April 30, 2001;
 1-3     April 30, 2001, read first time and referred to Committee on
 1-4     Jurisprudence; May 11, 2001, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the validity of certain devises or bequests.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Section 58b(b), Texas Probate Code, is amended to
1-11     read as follows:
1-12           (b)  This section does not apply to:
1-13                 (1)  a devise or bequest made to a person who:
1-14                       (A)  is the testator's spouse;
1-15                       (B)  is an ascendant or descendant of the
1-16     testator; or
1-17                       (C)  is related within the third [second] degree
1-18     by consanguinity or affinity to the testator; or
1-19                 (2)  [, nor to] a bona fide purchaser for value from a
1-20     devisee in a will.
1-21           SECTION 2.  (a)  The change in law made by this Act to
1-22     Section 58b(b), Texas Probate Code, applies only to a will executed
1-23     on or after the effective date of this Act.
1-24           (b)  A will executed before the effective date of this Act is
1-25     governed by the law in effect on the date the will was executed,
1-26     and the former law is continued in effect for that purpose.
1-27           SECTION 3.  This Act takes effect immediately if it receives
1-28     a vote of two-thirds of all the members elected to each house, as
1-29     provided by Section 39, Article III, Texas Constitution.  If this
1-30     Act does not receive the vote necessary for immediate effect, this
1-31     Act takes effect September 1, 2001.
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