The 2 Bills That Were Vetoed

Governor Bush vetoed very few of the 1,487 bills passed by the 75^th Texas Legislature this session, but two bills that he vetoed would have impacted the probate/estate planning/trust area.

SB 414

Governor Bush vetoed SB 414 on June 20, 1997. SB 414 was a recodification of the laws regarding directives to physicians, out-of-hospital DNR orders, and health care powers of attorney. It also would have made some substantive changes to these statutes.

Click here to see the full text of SB 414.

Here is Governor Bush's official veto message regarding SB 414:

PROCLAMATION BY THE GOVERNOR OF THE STATE OF TEXAS
TO ALL TO WHOM THESE PRESENTS SHALL COME:
Pursuant to Article IV, Section 15, of the Texas Constitution, I, George W. Bush, Governor of Texas, do hereby disapprove and veto Senate Bill No. 414 because of the following objections:
Senate Bill No. 414 contains several provisions that would permit a physician to deny life-sustaining procedures to a patient who desires them. Additionally, the Bill eliminates the objective negligence standard for reviewing whether a physician properly discontinued the use of life-sustaining procedures and replaces it with a subjective "good faith" standard. While this Bill contains a number of commendable measures that would streamline Texas' law on advanced directives, these benefits are outweighed by the Bill's potentially dangerous defects.
IN TESTIMONY WHEREOF, I have hereunto signed by name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 1997.
George W. Bush, Governor of Texas

SB 414 would have changed the statutory forms for directives to physicians and durable powers of attorney for health care. Now, with the veto, the form for the durable power of attorney for health care will remain the same. However, the form for the directive to physicians will change, effective January 1, 1997, because it was also amended by HB 880, which the Governor signed on May 26^th. The changes made by HB 880 to the directive to physicians form affect the witnessing requirements. These changes were, in effect, incorporated into SB 414, so it appeared that the changes made by HB 880 would be rendered moot. Now it will be necessary to make the specific changes called for by HB 880 which, though substantively the same as those called for by SB 414, are textually different.

While the directive to physicians form still changes notwithstanding the veto of SB 414, the durable power of attorney for health care form will not change.

For copies of all of the statutory disability planning forms, including not only those that changed but also those that stayed the same, go to the Practice Aids for Attorneys page.

SB 273

Governor Bush vetoed SB 273 on June 20, 1997. SB 273 would have required the state comptroller, with the help of other state agencies, to develop and annually update a statewide consumer guide for senior citizens designed to assist senior citizens and their families in making informed choices regarding available senior services. The guide would have contained a directory of service providers and comprehensive information on available services, including long-term care services, housing assistance, meals, personal care, and transportation. The first guide was to have been completed and available to the public no later than February 14, 1998.

Click here to see the full text of SB 273.

Here's what Governor Bush said in his veto message:

PROCLAMATION BY THE GOVERNOR OF THE STATE OF TEXAS
TO ALL TO WHOM THESE PRESENTS SHALL COME:
Pursuant to Article IV, Section 15, of the Texas Constitution, I, George W. Bush, Governor of Texas, do hereby disapprove and veto Senate Bill No. 273 because of the following objections: This Bill is a good idea which should be implemented within the existing authority of the health and human services agencies, including the Texas Department on Aging and the Texas Department of Human Services.
IN TESTIMONY WHEREOF, I have hereunto signed by name officially and caused the Seal of the State to be affixed hereto at Austin, this 20th day of June, 1997.
George W. Bush, Governor of Texas

Link to:

1997 Probate Legislation in Texas Main Page
The 42 Bills That Made It -- 1997 Bills Affecting Probate and Trust Law That Were Enacted Into Law
1997 Probate Legislation Tracking Index
Practice Aids for Attorneys
Ikard & Golden, P. C., Home Page