Annual Survey Of Texas Law

This article surveys the law of wills and trusts in Texas during the Survey period of November 2, 2002 through November 1, 2003. The article discusses pertinent legislative and judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters. Discussions of most of the cases cited include a moral, an important lesson to be gleaned from the case which results in an opportunity to apply that lesson to the advantage of the reader's client.

A "Bar Association number" issued annually in Oct.; in v. 1-18, this no. contains Proceedings of the 42nd-59th annual sessions, 1923-1940 of the Texas Bar Association; in v. 18-26 contains Proceedings of the 1st-9th annual meetings, 1940-1948 of the State Bar of Texas.

'Texas Homeowners Association Law'' includes more than twenty-five sample forms for use by Texas homeowners associations and homeowners, as well as a table of authorities and subject index to assist readers in quickly identifying applicable topics by key words or subject matter. In addition, with more than 2,500 annotations and citations to Texas and Federal statutes and appellate court decisions, "Texas Homeowners Association Law" is also an indispensable tool for property managers, realtors, and attorneys who work with association-governed communities in Texas.

The Texas Legislature passed Sunset Legislation that distinguished between securities dealers and investment advisors that allowed the Texas Securities Act (“TSA”) to comply with national trends in securities regulation. The court struggled with definitions of “control person” and “evidence of indebtedness.” However, the Sunset Legislation allowed the expanded Board to submit emergency cease and desist orders and to conduct surprise inspections of registered dealers and sellers of securities. Violation of a cease and desist order became a criminal offense. The Sarbanes-Oxley Act increased the existing statute of limitations under the federal securities laws for private causes of action involving claims of fraud, deceit, manipulation, or contrivance in contravention. The Act added provisions for fraud, recognizing knowledge and recklessness as suitable culpability requirements under the federal law. The breadth of culpability could create litigation over whether any fraud relating to an issuer constitutes a libelous relationship for the purposes of the enhanced provisions. Furthermore, the Act elevated attempts and conspiracies for these crimes to the same level as committing the offense.