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.
1-32 * * * * *