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This is a copy of the 2009 Texas SB 1243 Heir Finder Registry Bill with analysis, notes, and comments by Mary E. Petty, B.A. (History), B.A. (Genealogy) March 6-7, 2009 in (blue font/MegP – Parentheses). I am a professional genealogist living in Sandy City, Utah. Since 1998 I have served as Vice President and co-owner and operator of Heirlines Family History & Genealogy, Inc., a Utah corporation in good standing and a BBB Accredited Business with a Sandy City business license. I work full-time in the profession of “professional genealogy research services” with my husband and business partner of 37 years, James W. Petty, AG, CG, B.A. (History), B.S. (Genealogy). He is a 40 year career full-time professional genealogist, who has been “climbing the family tree professionally since 1969”; providing professional genealogy research services including American and International ancestry, pedigrees and lineages for a worldwide clientele, including heir finding in Texas and in the USA. We are both employees of Heirlines®, home of Certified Family Trees™, which offers the full range of family tree research services designed to meet our clients’ custom genealogy and family history needs; for individuals, family organizations, lineage societies, businesses, non-profits, professional to professional and law firms. Our company website can be found online at http://www.heirlines.com. My contact information is:

HEIRLINES FAMILY HISTORY & GENEALOGY
PO Box 893
Salt Lake City, UT 84110
HEIRLINES® (Professional Genealogy Research Services)
Phone Toll Free: 800 570-4049
Please ask for James W. Petty, AG®, CG (SM).
or Mary Petty, B.A.
www.heirlines.com

81R9290 MTB-D

By: Wentworth S.B. No. 1243

A BILL TO BE ENTITLED
AN ACT
relating to the regulation of heir finders by the Texas Private Security Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1.

Section 1702.002,

Occupations Code, is amended by adding Subdivisions (6-b) and (8-a) to read as follows: (MegP – Occupations code – is being amended – What was it originally? does this code govern sovereign professions? If Professional Genealogy Research Services were a sovereign profession – meaning: controlled the definition, designation, and determination of aspects of work, practitioner qualifications, and profession requirements, standards, ethics, education, methodologies, procedures, processes, etc and all aspects of what makes an occupation a unique profession – what code would cover the profession – especially one in which it is research and reporting of that research that can come from wide variety of sources (physical, Internet, human contact, etc. historical and genealogical records)

() “Estate,” “heir,” and “probate court” have the meanings assigned by Section 3, Texas Probate Code. (MegP – who governs these meanings – can they vary from State to State? What are they for Texas” And how do they apply to those doing the research on the case outside of Texas? )

() “Heir finder” means a person who for payment of a fee, assignment of a portion of any interest in a decedent’s estate, or other consideration provides information, assistance, forensic genealogy research, or other efforts related to another person’s right to or interest in a decedent’s estate. (MegP – This appears to me to refer to the actual person who does the work – not some entity or company or group of people in a business who have worked together to find an heir, irregardless if genealogy research is involved. Sounds like it could be a lawyer and how can they be registered as an heir finder? That is not their profession. Is this a new occupation in Texas or merely a business practitioner that needs regulating by the state? What are the criteria used to include Heir Finders as a registered occupation? Professional Genealogy Research Services may or may not do the work and if they do because the inheritance involved family tree research, it can cut across time and space and physical locality. It can involve way more than Texas people, places and things. More than one individual can provide the information used in such work. Who is Texas Licensing_ the company rep who comes to court and legally presents evidence or all the worker bees along the way that put in their two cents, no matter where they live, practice or do the actual work?)

SECTION 2.

Section 1702.004(a),

Occupations Code, is amended to read as follows: (MegP – this is a change in code from what to what – provocation; evidence of need; evidence of why some new group qualifies to be registered under this section?)

(a) The board, in addition to performing duties required by other law or exercising powers granted by other law: (MegP – which board – how does practitioner or company representative who is affected by this board know who they are and can contact them and why should this board be designated to rule over Professional Genealogy Research Services – that is the profession this board is seeking to govern)

(1) licenses investigations companies and security services contractors; (MegP – Professional Genealogy Research Services is not an Investigation company as currently defined by Texas Code. Nor are they security services contractors. The profession researches for verifiable, documented, sourced answers to family tree questions to establish authentic, accurate, true family relationships based on evidence in historical and genealogical records. )

(2) issues commissions to certain security officers; (MegP – why would the board offer commissions – or subcontracted jobs to others – This section is an attempt to redefine professional genealogy research services as encompassing security jobs – not true. What certain security officers? Who defines, qualifies?)

(3) issues authorizations to certain security officers engaged in the personal protection of individuals; (MegP – Professional Genealogy Research Services is and never has been a security job nor does it engage in personal protection of individuals. Research is done to find and document the truth. The purchaser of that information can do at will what they want with the information. The provider can use their findings for professional instruction, literature, education, career advancement, promotion that does not expose or reveal the client. – Celebrity or Paparazzi Genealogy is unethical. )

(4) registers: (MegP – who is this, using what criteria, who verifies the criteria, where and how is this registry used and who gets registered? Why?)

(A) certain individuals connected with a license holder; and (MegP – who is the license holder – how qualify to get a license? What is meant by certain individuals “connected with a license holder” – is this people in the state of Texas only or does it encompass out side of the state of Texas? How about Internet individuals?)

(B) certain individuals employed in a field connected to private investigation or private security; [and] (MegP – employed or subcontracted or merely friends – how are you using the term? The big heir tracing firms – that only do family tree research for hire for “inheritance issues” =all encompassing term meaning providing names/contact information or due diligence on research for hire to supply heirs for legal matters involving value such as money, land, possessions, materials, property, minerals, vegetable (haha) etc. Professional Genealogy Research Services is currently an licensed or registered or regulated profession including the specialty heir searching. Practitioners may independently or connected to certain individuals employed in a field connected to private investigation or private security may freely now engage in a subcontracting or employment relationship to provide family tree information for hire. Most of the time it is either done for a lawyer representing a probate case or by potential heirs. Sometimes the practitioner such as in the professional genealogy research services specialty of heir tracers, they actively seek out estates that are not settled or they are hired – subcontracted by companies that access that information and need family tree research to contact heirs so potential heir can agree to pay these heir tracers or the companies that hired or subcontracted with heir searcher to find the heir, before they, the heir are told of circumstances and details of inheritance. Who are these people and where are they located and covered by what jurisdiction?)

(5) registers heir finders under Subchapter K-1; and (MegP – What does it mean to register heir finders under Subchapter K-1? Why? what circumstances – what cause? How are they security people that Texas can already register – how is law extended to include them? What is the need? What is the law used to do so? How does this not affect the entire professional genealogy research services profession and practitioner – no matter where they live. It appears that a small specialty of professional genealogy research services heir finder or family tree researcher for hire as either by the state or as is accepted in the profession, is now to be singled out by registration and yet no qualifiers; no protections to all in the business of family tree research – suddenly a part of what we do may now be regulated and restricted – why?)

(6) regulates license holders, security officers, and registrants under this chapter. (MegP – how is a license holder different or the same from a security officer and registrant under this code or chapter or law? In other words – In the profession of professional genealogy research services, the practitioner is called a professional genealogists by the profession. The heir searching companies call them heir tracers, heir researchers or heir finders. They do not call themselves professional genealogists and for the most part do not associate with the profession. This will cause problems because the profession while not sovereign, has made some efforts to establish some standards – where are Heir searching companies that hire heir finders as well as private investigators, they set their own standards as allowed by the lawyers and law that they deal with on each case.)

SECTION 3.

Section 1702.042,

Occupations Code, is amended to read as follows: (MegP – change in code from what to what?)

Sec. 1702.042.

PERSONNEL; CONFLICT OF INTEREST.

An employee of the commission may not: (MegP – this means that state commission employees cannot do certain things related to the practice of heir finding. Big problem – family tree research is all about heirship – up or down the trees – you are establishing heirs, finding heirs, becoming heirs – that is the business of family tree research and even though heir finders per say do not call them selves professional genealogists, they do business as professional genealogists because they are climbing the family tree professionally – and how much more professional can you get than for money and for law instituted situations such as probate, etc.)

(1) have a financial or business interest, contingent or otherwise, in a security services contractor, [or] investigations company, or company providing services as an heir finder; or (MegP – every member of the commission has a family tree and at some time or another may want to be a genealogist on their own family tree where they definitely will have an interest, or need a professional genealogist or want to be come a professional genealogist to in the adjective sense, do a better job tracing their own family tree – seems to be a real conflict here that the code amendments are setting up a situation where you can not trace your own lineage and then turn around and sell your findings as a professional.)

(2) be licensed under this chapter. (MegP – if Texas licenses one specialty of professional genealogy research services, how does this not affect other specialties or the broader profession and commercial practitioner- this is a can of worms)

SECTION 4.

Chapter 1702,

Occupations Code, is amended by adding Subchapter K-1 to read as follows: (MegP – amending a code section from what to what? Did subchapter K-1 exist before? What did it say? And how does this not apply to all professional genealogists – no matter their specialty and no matter the location of heir, or the researcher or even the company hiring or subcontracting the research to do the family tree work)

SUBCHAPTER K-1.

REGULATION OF HEIR FINDERS

Sec. 1702.271.

DEFINITION.

In this subchapter, “family member,” with respect to a decedent, means a person who would be considered an heir of the decedent at the time of the decedent’s death. (MegP – we are all related – there is always an heir – do you mean the most direct heir that is still living and all those in that generation of the most recent living are the ones that qualify to be an heir? – Big problem in this kind of work – too often, they don’t want to find the heir – only due diligence to show that they made an effort to search and in time available couldn’t find – Tell Story here of Sundance Kid and how we kept going till we found a DNA heir which incidently, doesn’t always exist in today’s technology)

Sec. 1702.272.

APPLICATION OF SUBCHAPTER.

(a) This subchapter does not apply to: (MegP – only professional genealogists protected here are those that work directly in the court system. What will this do to people that want to contest the findings of the due diligence search? Those that hire a professional genealogist to prove/disprove as the case may be – their claim heirship.)

(1) a person acting in the capacity of a personal representative, attorney ad litem, guardian ad litem, or other person appointed by a probate court in which a proceeding in connection with a decedent’s estate is pending; or (MegP – applies to court appointed professional genealogists – bigger problem here is how are they qualified to do the research – what makes this group ok not to be registered and not required to be qualified and competent but a heir searcher must – unqualified, unverified, not accountable to either the profession or their fellow practitioners and only accountable to their general contractor or employer for what ever the employers standards and methods are – now that is really out of control performance – anything goes with no qualifiers – no recognized standards – Infact, this goes to the root of the problem – the profession is not sovereign and no matter if you are an heir finder as defined by this code or a not required to register professional genealogist by this code and yet will provide the same family tree services – neither group is a part of a sovereign profession where the hallmarks of professionalism are in effect and enforceable by the profession and or the law – This new bill does not enforce any hallmarks (see Mary E. Petty writings on Hallmarks of a Profession) or even any standards. That is a big big problem!)

(2) an attorney providing legal services to a decedent’s family member if the attorney has not agreed to pay to any other person a portion of the fees received from the family member or the family member’s interest in the decedent’s estate.
(MegP – most of the cases we work on today are for an attorney that has the estate pay us to do the family tree research – we do get a fee. So does this part of the code mean that the attorney will be regulated by SB 1243 beyond his officer of the court regulations – can he serve two masters?)

(b) In this section, “attorney ad litem,” “guardian ad litem,” and “personal representative” have the meanings assigned by the Texas Probate Code. (MegP – please provide these for us so we can see how they affect professional genealogy research services as a profession and professional genealogists as practitioners and businessmen.)

Sec. 1702.273.

REGISTRATION REQUIRED.

(a) A person may not offer to provide or provide services as an heir finder unless the person registers with the board. (MegP – what about the Internet? Or those that access the bigger libraries and genealogical and historical repositories outside of Texas – Family History Library collection in Salt Lake where many heir finders are located as well as professional genealogists who do heir searching. Are they going to have to register?)

(b) Notwithstanding any other provision of this chapter, an heir finder is not required to be licensed or affiliated with a license holder. (MegP – does this mean an heir search voluntarily offers to get licensed? Does it mean you can be a sole proprietor with a license or have your own company license and not have to work under the license of someone else? Does it mean an heir finder will not be violating the law if he chooses not to get registered?)

(c) A registration under this subchapter does not expire. (MegP – Why not? Is this a way to artificially set a certain number of licenses and when one owner dies or does something wrong, some other person or entity can come along and buy the license (unqualified and with no verifiable credentials ) just because they want to and have the money? Are there no requirements? No hallmarks of professionalism: No standards? No ethics? No education and so forth? Is this just a way to legitimize self appointed or self designated professionals who have no accountability to the profession of professional genealogy research services, or to their fellow practitioners, or to the consumer? Once you are registered, you are always registered? Why have a registry, if there is no penalty for misbehavior or if an individual does not meet professional standards, or does not hold a current business license or meet any other of the professional hallmarks. )

Sec. 1702.274.

REGISTRATION APPLICATION.

An application for registration under this subchapter must be in the form prescribed by the board and include (MegP – this is an open avenue for self proclamation as there are no qualifications to register and no verifying body. Texas really needs a professional organization who can set education, training, experience, standards procedures, processes, definitions, credentials, hallmarks, ethics, business compliance and so on and it must be verifiable. The consumer has rights (see Mary’s discussion on Consumer rights) needs to be protected from the unethical, uneducated, unexperienced, unprofessional behaviors which are the reasons why an occupation becomes a sovereign profession. Consumer rights are better served by the professionally designated who have a stake in the profession – rather than just by some business man out to make money on a good idea. Professional Genealogy Research Services is profession based on professional standards, procedures, processes and education and training as well as scholarly study and, experience in the practice of heir searching/family tree research and reporting and analysis as well as the use of science and technology which requires skill, and ethics. See my white papers on Hallmarks of Professional Genealogy Research Services and Consumer rights to more fully understand the need to only register the qualified. )

(1) the full name and business address of the applicant; (MegP – what about proof – go to IHC website and check for physician Bruce Reid, MD and see how they verify his bio– who does the work, really? My father in law had a medical practice corporation with two partners – they did the work; they had the credentials; the consumer knew who they were and the state of Utah verified their business status after they successfully verified their medical professional status – Consumer Protection is better provided for by having verifiable and qualified practitioners – Read all of Mary’s comments for this entire section Sec. 1702.274 to learn my thoughts about the application process. I add to it in some parts of the section and in other parts I just say see above.)

(2) the name under which the applicant intends to do business; (MegP – what about proof – go to IHC website and check for physician Bruce Reid, MD and see how they verify his bio– who does the work, really? My father in law had a medical practice corporation with two partners – they did the work; they had the credentials; the consumer knew who they were and the state of Utah verified their business status after they successfully verified their medical professional status – Consumer Protection is better provided for by having verifiable and qualified practitioners .Read all of Mary’s comments for this entire section Sec. 1702.274 to learn my thoughts about the application process. I add to it in some parts of the section and in other parts I just say see above.)

(3) a statement as to the general nature of the business in which the applicant intends to engage; (w MegP – hat about proof – go to IHC website and check for physician Bruce Reid, MD and see how they verify his bio. What qualifies him or gives practitioner the authority to do heir searching? What are the standards of the practice and how do you know he will do them? Who enforces the standards? Should a self designated or self appointed professional be allowed to do this work or should there be professional designation – sovereign profession members only allowed to engage in this kind of business– who does the work, really? My father in law had a medical practice corporation with two partners – they did the work; they had the credentials; the consumer knew who they were and the state of Utah verified their business status after they successfully verified their medical professional status – Consumer Protection is better provided for by having verifiable and qualified practitioners. Read all of Mary’s comments for this entire section Sec. 1702.274 to learn my thoughts about the application process. I add to it in some parts of the section and in other parts I just say see above.)

(4) if the applicant is an entity other than an individual, the full name and residence address of each partner, officer, and director of the applicant, and of the applicant’s manager; (MegP – what about proof – go to IHC website and check for physician Bruce Reid, MD and see how they verify his bio – who does the work, really? My father in law had a medical practice corporation with two partners – they did the work; they had the credentials; the consumer knew who they were and the state of Utah verified their business status after they successfully verified their medical professional status – Consumer Protection is better provided for by having verifiable and qualified practitioners. Why not finger prints here required by all. And if they don’t really do the work, why not get the fingerprints of everyone they might use or employ or subcontract. Read all of Mary’s comments for this entire section Sec. 1702.274 to learn my thoughts about the application process. I add to it in some parts of the section and in other parts I just say see above.)

(5) if the applicant is an individual, two classifiable sets of fingerprints of the applicant or, if the applicant is an entity other than an individual, of each officer and of each partner or shareholder who owns at least a 25 percent interest in the applicant; (MegP – what about proof – go to IHC website and check for physician Bruce Reid, MD and see how they verify his bio – see above – Read all of Mary’s comments for this entire section Sec. 1702.274 to learn my thoughts about the application process. I add to it in some parts of the section and in other parts I just say see above.)

(6) a verified statement of the applicant’s experience and qualifications; (MegP – what about proof – go to IHC website and check for physician Bruce Reid, MD and see how they verify his bio – see above – Read all of Mary’s comments for this entire section Sec. 1702.274 to learn my thoughts about the application process. I add to it in some parts of the section and in other parts I just say see above.)

(7) a report from the department stating the applicant’s record of any convictions for a Class B misdemeanor or equivalent offense or a greater offense; (MegP – what about proof – go to IHC website and check for physician Bruce Reid, MD and see how they verify his bio – see above – Read all of Mary’s comments for this entire section Sec. 1702.274 to learn my thoughts about the application process. I add to it in some parts of the section and in other parts I just say see above.)

(8) the social security number of the individual making the application; and (MegP – what about proof – go to IHC website and check for physician Bruce Reid, MD and see how they verify his bio – see above – Read all of Mary’s comments for this entire section Sec. 1702.274 to learn my thoughts about the application process. I add to it in some parts of the section and in other parts I just say see above.)

(9) other information, evidence, statements, or documents required by the board. (MegP – what about proof – go to IHC website and check for physician Bruce Reid, MD and see how they verify his bio – see above – Read all of Mary’s comments for this entire section Sec. 1702.274 to learn my thoughts about the application process. I add to it in some parts of the section and in other parts I just say see above.)
Sec. 1702.275. FEES. The board may adopt fees as necessary for the registration of heir finders under this subchapter. (MegP – how much? Limits? Who controls this? And who determines the interpretation of the law so it is executed or fairly tendered to all who are registered as heir finders)

Sec. 1702.276.

PROHIBITED CONTRACTS.

(a) This section applies only to a contract or other agreement that (MegP – this is a poorly written and confusing section – I think what they are trying to do here is have a cooling off period after someone dies that gives the proper heirs or the legal community time to find all the proper heirs without the ambulance chasing of the current heir finder industry.
So far nothing in the bill protects the consumer from the unqualified practitioner or from the unethical. There is no provision in the bill to require professional designation – it still promotes the same old self-appointed or hobbyist designated hallmarks – no professional-only criteria. See my two white papers on Hallmarks of Professional Genealogy research Services and Consumer Rights.)

(1) is entered into with a family member of a decedent or with another person on behalf of the family member; and (MegP – who can that other person be? Why not a heir finder if they are acting in good faith on behalf of the family member. Can contracts not be allowed – what class of business says that an heir finder is not acting on behalf of the family member if they have a contract to do so)

(2) provides for payment of a fee, assignment of a portion of any interest in the decedent’s estate, or other consideration by the family member out of the family member’s right to or interest in the decedent’s estate or to a person registered under this subchapter for providing information, assistance, forensic genealogy research, or other efforts related to the family member’s right to or interest in the decedent’s estate or property. (MegP – Ha Ha – isn’t this just what a lawyer does? Why are they given special privileges? Why are their fees allowed to be exorbitant? And way big problem, instead of just using the term heir finder, the bill now lists a big long list of practitioners and types of services that are part and parcel to the profession of professional genealogy research services – the meaning and scope of the bill has just expanded and has very serious implications for the profession and practitioner.)

(b) A person registered under this subchapter may not enter into a contract or other agreement described by Subsection (a): (MegP – who is really going to be registered and how will they be qualified to be deemed able to do heir searching – this is a scholarly profession – not a security job that some kid out of high school can do. Professionally designated practitioners meet or better the minimum standards set by the hallmarks of professionalism. )

(1) during the six-month period after the earlier of: (PROBLEM – SEE JWP)

(A) the date of the filing of an application for determination of heirship of the decedent; or (MegP – PROBLEM – SEE JWP)

(B) the date of the filing of a pleading to determine which family members of the decedent have a right to property in the decedent’s estate, if the right to the property is based principally on the probate court’s determination of the decedent’s family history; or (MegP – this appears to clearly show that heir finding in this bill is specifically going to be restricted where it has a natural or adopted family relationship by family history. This bill has as a component, family history or family tree research which is in the domain of professional genealogy research services. Others – Like the Gillette Estate, we were not heirs biologically, but by inclusion in the will. We had a right to the will and the estate because George wrote it that way. I think the writers of this bill have to sit down with commercial practitioners of heir finding and professional genealogy research services and work out a compromise that enhances the profession, eliminates the ambulance chasing, and encourages professional designation and qualified practitioners.)

(2) if the amount or value of the fee, assignment, or other consideration is greater than 10 percent of the value of the family member’s right to or interest in the decedent’s estate. (MegP – what about lawyers – nothing stops them from making such a contract. Are they just trying to protect their piece of the pie in this bill? Family Tree research is an unknown quantity of time and effort and results. Practitioners charge by the hour in blocks of time in most cases. Where appropriate and depending upon the size of the estate – a 10% fee sounds reasonable beyond expenses acquired – just like an attorney would charge. Show me how this bill helps the consumer – that should be the emphasis)

(c) A contract entered into in violation of this section is void. (MegP – seems to all be in favor of the attorney and not the people who find the heirs – pecking order problem – who is more important – the heir, the officer of the court or the person who puts them together)

Sec. 1702.277.

COMPLAINTS AND DISCIPLINARY ACTIONS.

A person registered under this subchapter is subject to the same complaint procedures and disciplinary actions as other persons regulated under this chapter. (MegP – what are these? And why don’t they apply to attorneys? Seems to me that the important people here are the consumers but little is being done to help them –they are the ones entitled to the inheritance – the bill should be written to help bring this about – and be financially sound for the courts, the lawyers, the finders and their general contractors or partners. I believe this work must be done by a professional genealogist with the commitment to the profession and fellow practitioners and the consumer.)

Sec. 1702.278.

PENALTIES.

A person registered under this subchapter is subject to the same penalties and enforcement procedures as other persons regulated under this chapter. (MegP – what are these? And why don’t they apply to attorneys? Seems to me that the important people here are the consumers but little is being done to help them –they are the ones entitled to the inheritance – the bill should be written to help bring this about – and be financially sound for the courts, the lawyers, the finders and their general contractors or partners. I believe this work must be done by a professional genealogist with the commitment to the profession and fellow practitioners and the consumer. What do you enforce, when there are no standards set in the beginning. What are the expectations – that just anybody can be trained to be ethical,competent and capable to do this work? This is a legal matter – look at the preparation and training that an attorney and paralegal has to go through to be able to meet and pass the bar and their professional credentialing process. Same should be true for professional genealogy research services)

Sec. 1702.279.

FIDUCIARY DUTY; LIABILITY.

(a) A person registered under this subchapter who provides services as an heir finder to another person owes a fiduciary duty to the other person to act in that person’s best interest. (MegP – Doesn’t sound like a security guard to me. What does this mean?)

(b) A person who breaches a fiduciary duty under Subsection (a) is liable for any damages resulting from the breach, including (MegP – what is a heir finders fiduciary duty under Subsection(a) )

(1) any loss or depreciation in value of the estate as a result of the breach; (MegP – what is a breach?)

(2) any profit made by the person as a result of the breach; (MegP – what is a breach?)

(3) any profit that would have accrued to the estate if there had been no breach; (MegP – what is a breach?)

(4) exemplary damages; and (MegP – what are exemplary damages?)

(5) costs and attorney’s fees incurred as a result of the breach. (MegP – the attorney just keep on getting paid – where is their accountability? Why have they hired from the unqualified.? Why have they not asked for standards? When is this profession going to get serious about protecting the consumer that they represent – Attorneys must do a better job and demand more from those that work with them on inheritance cases)

SECTION 5.

As soon as possible after the effective date of this Act, the Texas Private Security Board shall adopt the form, procedures, and fees necessary to implement Subchapter K-1, Chapter 1702, Occupations Code, as added by this Act. (MegP – Should not be enacted as presently written – too many serious consequences for consumer and practitioner and profession. It is a good idea to regulate family tree research and heir finders for all other inheritances, but the occupation should first be required to come into the profession of professional genealogy research services – where the Hallmarks of Professionalism can be applied for qualifying as an heir finder that way the courts who need expert witnesses and verifiable evidence, the attorneys and the heirs will get recognized and qualified help with inheritance matters)

SECTION 6.

Notwithstanding Subchapter K-1, Chapter 1702, Occupations Code, as added by this Act, a person offering to provide or providing services as an heir finder is not required to register under that subchapter before January 1, 2010. (MegP – this gives us time to work out the bugs in this bill so the consumer, the practitioner and the profession can be best served.)

SECTION 7.

Section 1702.276,

Occupations Code, as added by this Act, applies only to a contract entered into on or after January 1, 2010. (MegP – this gives us time to work out the bugs in this bill so the consumer, the practitioner and the profession can be best served.)

SECTION 8.

(a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2009. (MegP – this gives us time to work out the bugs in this bill so the consumer, the practitioner and the profession can be best served.)

(b) Sections 1702.273, 1702.276, 1702.277, 1702.278, and 1702.279, Occupations Code, as added by this Act, take effect January 1, 2010. (MegP – this gives us time to work out the bugs in this bill so the consumer, the practitioner and the profession can be best served.)

Review and Analysis of 2009 Texas SB 1243 Written and Submitted by Mary E. Petty, B.A. (Genealogy), B.A. (History) Copyright © 2009, Heirlines Family History & Genealogy, Inc. All rights reserved.