HBA-JLV H.B. 2152 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2152
By: Averitt
Judicial Affairs
7/10/2001
Enrolled



BACKGROUND AND PURPOSE 

The Texas Probate Code provided that a devise or bequest made to an
attorney, an attorney's heir, or an employee of the attorney who prepared
or supervised the preparation of a will was void.  However, a person who
made a bequest and was related within the second degree of consanguinity or
affinity to the testator was excepted from this provision.  While the
statute itself applies to devises or bequests, the exception only applied
to bequests and could have been construed to disallow any gift of real
estate to the spouse or child of the attorney.  In addition, gifts to great
grandchildren of the testator were disallowed by prior statutes, if those
great grandchildren were the heirs of the attorney preparing the will
because they were not within the second degree of consanguinity.  House
Bill 2152 includes the testator's spouse, an ascendant or descendant of the
testator, or a person that is related within the third degree by
consanguinity or affinity to the testator among persons allowed to make a
valid devise or bequest to an attorney. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2152 amends the Probate Code to provide that a person who makes
a devise or bequest  to a person who is the testator's spouse, an ascendant
or descendant of the testator, or is related within the third degree,
instead of second degree, by consanguinity or affinity to the testator, is
exempted from provisions providing that such devises and bequests are void. 

EFFECTIVE DATE

June 11, 2001.