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Professional Genealogy Blog
Archives for: March 2009
03/27/09
Heir Finders are Professional Genealogists that Texas 2009 SB 1243 wants to Regulate
Heir Finders do genealogy research which is gaining information derived from public and private records, an excluded work activity set by current Texas Law: "Chapter 1702 under subchapter N--"§ 1702.324. CERTAIN OCCUPATIONS...(b) This chapter does not apply to: 5) a person who: (A) is engaged in obtaining information that is a public record under Chapter 552, Government Code, regardless of whether the person receives compensation;" Heir Finders do not do security work as currently defined by Texas Statue 1702.
To conduct business and provide their services, Heir Finders do genealogy research in public and private records, no matter how much they charge, or how they charge, or who they charge, or how they got the job to look for the heir in the first place. They do genealogy research to find the heir. SB 1243 wants to change the rules and definition of private security work occupation to include heir finders (someone who does genealogy research.)
My concern is, because Heir Finders do what we do, ie: genealogy research, they are professional genealogists as is now constituted in our "quasi- profession" of both self appointed and professionally designated practitioners. And what is to stop some legislator in the future from calling the rest of us professional genealogists in this quasi profession: heir finders in the security occupation?
I think this heir finder regulation is only one of many such efforts that have happened or will happen in attempts to regulate our practice of professional genealogy research services. I still say we need to organize as a profession with rules of qualifying membership including education, training, experience, and so on. We need to make this move from quasi to sovereign profession. That is the only way we can institute best practices and standards, and protect our profession; and root out the bad practitioners and bad practices.
Submitted by Mary E. Petty, B.A. (History), B.A. (Genealogy)
© 2009, Heirlines Family History & Genealogy, Inc. All rights reserved.
SB 1243 is an attempt to define Professional Genealogy Research Services
I don't own a gun. I am not in the occupation of private security. I do not provide private security services. I only have nearly 40 years of professional genealogy research services business experience, knowledge and background to share my perspective on SB 1243. I am a professional genealogist whose company has provided professional genealogy research results for clients covering all aspects of my chosen field of endeavor in every state of the union as well as internationally. I am passionate about my occupation and professionalizing the profession called Professional Genealogy Research Services and the work that the US Government calls Genealogy Research Services. The bill SB 1243 does have direct impact on the profession. Why?
The design process of any bill includes a definition of terms and proposed placement in the legal code- statues, etc. Because Heir Finders do genealogy research as a significant part of finding heirs and because doing genealogy research is the core business or work activity of professional genealogy research services of which heir finders or Forensic Genealogy is a specialty, SB 1243 by its very existence, is an attempt to define and codify the genealogy research by one of those specialties, heir finding, and thereby the "profession". Go read the Texas Constitution and Statues for TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY - (CHAPTER 1702. PRIVATE SECURITY). Do you see yourself defined by the regulations of the occupation Private, Security?
A wise man once said: "When any quasi-profession begins to show signs that it cannot govern or manage itself, they are subtly inviting some government regulatory agency to step in and say we will govern you." In my book, when you let someone else define you, and regulate you under their understanding of what you do, and the profession does nothing or denies that this definition or codifying has anything to do with the profession, then "silence gives consent" as Sir Thomas More ala Robert Bolt wrote in a "Man for All Seasons".
I recognize that Professional Genealogy Research Services is a quasi- profession and still emerging. I am committed to its growth and development and want to see the pie defined and codified and divided by qualified practitioners who have a vested interest in the profession, the practitioner, the consumer, and the legacy of their work in the public domain. I am very interested in working with such professionals who believe in self policing of their work by a viable, sustainable, sovereign profession for practitioners who do genealogy research as a career and livelihood in all of its specialties and aspects.
Written by Mary E. Petty, B.A. (History), B. A. (Genealogy)
(from copyrighted material, © 2009, Heirlines Family History & Genealogy, Inc. All rights reserved.
03/26/09
Professionalizing Forensic Genealogy
Open letter to my fellow practitioners in Professional Genealogy Research Services,
I am a professional genealogist. I am not a lawyer. I am specifically interested in movements that have effect on my profession, Professional Genealogy Research Services, on a national, if not international, basis. That is the lens through which I read the Texas 2009 Legislature Heir Finder Bill SB 1243. I can't see the future, but I know incrementally, baby steps are being taken to form this profession as a real one. I would like to see the career practitioners define it, set the parameters, and the qualifiers - not have this done by outsiders, even the Texas State Legislature.
If we were a real profession, our collective voice would have said to Texas, "ban heir finders as defined by SB 1243. Such Heir Finders are unqualified self-proclaimed practitioners and what they are doing is unauthorized by our professional standards, ethics and criteria of membership." Instead, as a profession, we let Texas say they are a valid occupation able to do genealogical research, but must operate the way Texas wants them to. That round went to the outsiders; the profession gave that one away sitting down.
Sorry. but If Texas can do it to one specialty in Professional Genealogy Research Services, it can do it to another. I wish we would have had the guts to stand up as a group and say "No" and in my dreams we would have said "the people who want to genealogy work as a profession in Texas must adhere to the Profession's standards, ethics and membership requirements and criteria." That is self policing by a sovereign profession. Jim and I said it, but we were alone in supporting Professional Genealogy Research Services.
In fact, we have no profession. We are just a loose group of people who do genealogy and have individually defined our own pie or work activity. Some of us are going to be devoured, as were those that were taking fees over 10 % in Texas. No profession - members only body - stood up and said "Hey, these so called heir finders are not professional and are operating outside of our profession's self-policed standards and ethics and criteria for membership. Such a group could have helped the profession, but no such group exists because there is no profession.
Good Luck in your work. Your pie is safe for now. But I do wonder who the powers that be are going to come after next. What state will take the next move? Little by little our work is being defined by others because of our unwillingness to organize la trade union or professional body .
I am glad a group is getting together in Sept. Maybe from the specialty of Forensic Genealogy will spring the sovereign profession movement. Here, it is the practitioners, not some outside source, that sets the criteria and the standards, the methodologies, and most paramount, the required education, training and experience needed for credentialing as a professionally designated practitioner, who has earned the privilege to practice in the field, and I hope some day, the profession, of Professional Genealogy Research Services. We need to come up with a way to professionalize the Forensic Genealogy branch, with real standards and criteria. I am interested in participating. We hope there is a mechanism in place for inclusion of those who are not able to attend in Sept, to participate. Please keep me in the loop.
Sincerely yours,
Mary E. Petty, B.A. (History), B.A. (Genealogy)
==============================================================
Ancestors are the People of History. Do you know who yours are? Let the Professionals at HEIRLINES FAMILY HISTORY & GENEALOGY find your ancestry!
1-800-570-4049 ▪ www.heirlines.com ▪ PO Box 893 ▪ Salt Lake City, UT 84110
© 2009, Heirlines Family History & Genealogy, Inc. All rights reserved.
03/25/09
Texas Heir Finder Bill SB 1243 Jurisprudence Committee James W. Petty, AG, CG Testimony 03/25/09
Texas Heir Finder Bill SB 1243 Jurisprudence Committee James W. Petty, AG, CG Testimony 03/25/09
Email from copyrighted material, © 2009, HEIRLINES®
From: Mary E. Petty - Heirlines, Inc
Sent: Wednesday, March 25, 2009 8:55 AM
Subject: SB 1243 March 25, 2009 Committee Meeting Testimony by James W. and Mary E. Petty - Heirlines Professional Genealogy (sans 3 attachments referred to email)
Dear Texas State Legislature Jurisprudence Committee members,
Thank you for this opportunity to share with you our immediate concerns about SB1243. In as much as we, James W. Petty, AG, CG and Mary E. Petty, owners and operators of HEIRLINES FAMILY HISTORY & GENEALOGY, Inc., cannot be in attendance today at this March 25, 2009 committee meeting, we appreciate being able to present written testimony. For a description of who we are, please see the attached bios and company info. Also find attached a copy of the letter we sent out last week to interested vendors regarding the now closed Navy Genealogy Research Services Contract Bid Solicitation Number: N0018909QZ027 that required family tree research conducted by credentialed Professional Genealogists (AG or CG) for this Navy government project to discover and locate the legal Primary Next of Kin (PNOK) for 39,000 deceased Navy personnel.
We clearly see the need to limit professional genealogy research services to qualified practitioners and applaud the State of Texas for recognizing this through SB 1243. This however, does have a direct impact on our business, HEIRLINES® and our profession, Professional Genealogy Research Services and fellow practitioners, Professional Genealogists. The bill has significant ramifications as it as an attempt to regulate professional genealogists who provide professional genealogy research services including heir finding and to define the terms and parameters of the profession of Professional Genealogy Research Services by regulating the practicing firms – the good and the bad because of the bad. And SB 1243 goes beyond its Texas borders. It will affect us in Utah (and all qualified practitioners located everywhere) in the interstate commerce activities that we have engaged in for some 40 years: contracting with clients from Texas and other States via in person onsite, the US Mails, the telephone, and the Internet (as www.heirlines.com) for all aspects of our profession for work that involves genealogy research services for the living and dead in Texas and other States.
We are engaged in professional genealogy research services because of our love and passion for research. And we get paid for it. It is not a hobby or a get rich scheme. The US Government codes our work as NAICS Code:561611 Investigation Services and calls it Genealogy Research Services. We are professionally designated professional genealogists, not self-appointed. We have worked directly with heirs, potential heirs, clients, attorneys, courts, governments, interested third parties, and etc. We have worked for hire, for a set fee, for a % of the estate, by the hour, by the project and etc. We are not now, nor have we ever been in 40 years, private investigators or involved in the security business. We are not licensed in any state or country as private investigators or as a security occupation. We have legally conducted genealogy research all over the USA, in Canada, and other parts of the world using everything that legally is available to us to accomplish our client’s authorized goals. We have been hired to do this work because James W. Petty, AG, CG, B.A. (History), B.S. (Genealogy) is a professionally-designated qualified professional genealogist who has earned and has held the professional credentials to do the work, including formal education/degree, training, and work experience in professional genealogy research services, is a member of the Association of Professional Genealogists (APG), has had held 7 professional genealogy certifications and accreditations including AG, CG, CGRS and CALS , has a current Sandy City, Utah business license and our company, Heirlines Family History & Genealogy, Inc. is an S-Corp in Utah in Good Standing. We have had thousands of clients over 40 years because of these professional qualifications, our work production and best practices, and Heirlines company standards of customer service and commitment to professionalism as professionally-designated practitioners.
We fully understand the need to protect the consumer who has an interest (known or unknown) in an estate or legal relationship that entitles them to benefits (may be monetary or property or other considerations – Ask us about the Sundance Kid case we are working on right now or the Navy Genealogy Research Services Bid Solicitation # Solicitation Number: N0018909QZ027 which closed March 16, 2009.). We are self-regulated and professionally-policed by the standards, ethics, credentialing bodies, and memberships of our profession.
It was clear to us from our reading of the bill SB 1243 that our profession of “climbing the family tree professionally” is not understood and it must be prior to legislating standards and regulations that have the potential to internationally and nationally affect and/or regulate the practice of the profession and the practitioners. Terms, Definitions, and “applicable to whom” must be determined and agreed upon first.
We believe there is a constitutional right to interstate commerce, especially for the professionally qualified. Please let us know how we can work together to accomplish our mutual goal to have the best that can be in family tree work for the consumer, the practitioner, the profession and the family tree legacy of accuracy and ethics in the public domain.
Sincerely yours,
James W. Petty, AG®, CG (SM), B.A. (History), B.S. (Genealogy)
Mary E. Petty, B.A. (History), B.A. (Genealogy)
==============================================================
Ancestors are the People of History. Do you know who yours are? Let the Professionals at HEIRLINES FAMILY HISTORY & GENEALOGY find your ancestry!
1-800-570-4049 ▪ www.heirlines.com ▪ PO Box 893 ▪ Salt Lake City, UT 84110
Email from copyrighted material, © 2009, Heirlines Family History & Genealogy, Inc. All rights reserved.
Further Discussion on Professionalizing with Reference to SB 1243
We clearly see the need to limit professional genealogy research services to
qualified practitioners and applaud the State of Texas for recognizing this
through SB 1243. This however, does have a direct impact on our business,
HEIRLINES (R)and our profession, Professional Genealogy Research Services and
fellow practitioners, Professional Genealogists. The bill has significant
ramifications as it as an attempt to regulate professional genealogists who
provide professional genealogy research services including heir finding and
to define the terms and parameters of the profession of Professional
Genealogy Research Services by regulating the practicing firms - the good
and the bad because of the bad. And SB 1243 goes beyond its Texas borders.
It will affect us in Utah (and all qualified practitioners located
everywhere) in the interstate commerce activities that we have engaged in
for some 40 years: contracting with clients from Texas and other States via
in person onsite, the US Mails, the telephone, and the Internet (as
www.heirlines.com) for all aspects of our profession for work that involves
genealogy research services for the living and dead in Texas and other
States.
We are engaged in professional genealogy research services because of our
love and passion for research. And we get paid for it. It is not a hobby
or a get rich scheme. The US Government codes our work as NAICS Code:561611
Investigation Services and calls it Genealogy Research Services. We are
professionally designated professional genealogists, not self-appointed.
We have worked directly with heirs, potential heirs, clients, attorneys,
courts, governments, interested third parties, and etc. We have worked for
hire, for a set fee, for a % of the estate, by the hour, by the project and
etc. We are not now, nor have we ever been in 40 years, private
investigators or involved in the security business. We are not licensed in
any state or country as private investigators or as a security occupation.
We have legally conducted genealogy research all over the USA, in Canada,
and other parts of the world using everything that legally is available to
us to accomplish our client's authorized goals. We have been hired to do
this work because James W. Petty, AG, CG, B.A. (History), B.S. (Genealogy)
is a professionally-designated qualified professional genealogist who has
earned and has held the professional credentials to do the work, including
formal education/degree, training, and work experience in professional
genealogy research services, is a member of the Association of Professional
Genealogists (APG), has had held 7 professional genealogy certifications
and accreditations including AG, CG, CGRS and CALS , has a current Sandy
City, Utah business license and our company, Heirlines Family History &
Genealogy, Inc. is an S-Corp in Utah in Good Standing. We have had
thousands of clients over 40 years because of these professional
qualifications, our work production and best practices, and Heirlines
company standards of customer service and commitment to professionalism as
professionally-designated practitioners.
We fully understand the need to protect the consumer who has an interest
(known or unknown) in an estate or legal relationship that entitles them to
benefits (may be monetary or property or other considerations - Ask us about
the Sundance Kid case we are working on right now. We are self-regulated
and professionally-policed by the standards, ethics, credentialing bodies,
and memberships of our profession.
It was clear to us from our reading of the bill SB 1243 that our profession
of "climbing the family tree professionally" is not understood and it must
be prior to legislating standards and regulations that have the potential to
internationally and nationally affect and/or regulate the practice of the
profession and the practitioners. Terms, Definitions, and "applicable to
whom" must be determined and agreed upon first.
We believe there is a constitutional right to interstate commerce,
especially for the professionally qualified. Please let us know how we can
work together to accomplish our mutual goal to have the best that can be in
family tree work for the consumer, the practitioner, the profession and the
family tree legacy of accuracy and ethics in the public domain.
Sincerely yours,
James W. Petty, AGR, CG (SM), B.A. (History), B.S. (Genealogy)
Mary E. Petty, B.A. (History), B.A. (Genealogy)
Email from copyrighted material, C 2009, Heirlines Family History & Genealogy, Inc. All rights reserved.
03/24/09
What is Family Search?
What is FamilySearch? Are they a professional company, a nonprofit organization composed of amateurs, or a church?
The answer is: None of the above. FamilySearch.org is a website for the Family History Library, owned by The Church of Jesus Christ of Latter-day Saints. The Family History Library is open to all, regardless of religion, race, sex, or age. It is not a professional company, any more than any other library in the world is a professional company. Every library holds and offers books, publications, computer databases, and collections that are both filled with useful and valuable information, and yet are also filled with errors, falsehoods, and inadequacies. Its website, FamilySearch is an Internet genealogy resource service to help people worldwide access the FHL’s vast collection. It is a website, not a church and not a professional company. The organization FamilySearch represents, (FHL), is full of professionals, i.e. librarians, educators, microfilm and digitization specialists, editors, publishers, public relations directors, professional genealogists, and the list goes on and on. FamilySearch is a forum where these FHL professionals are able to share their immense skills and services, mostly for free, with a mostly uneducated, inexperienced public. Is FamilySearch a nonprofit organization composed of amateurs? No, it is just a website.
The IGI and Ancestral Files, which have been spoken of as though they were FamilySearch, are databases of information submitted by patrons of the Family History Library. The majority of the information in these collections has been provided and generated by amateurs, as has long been the tradition in genealogy. They are now presented online by FHL to assist patrons of the Library who see the value in these decades’ old databases that are built upon nearly 150 years of collected memories and record searching and extraction by patrons. Those patrons have come from all walks of life, countries, religions, backgrounds and experience in genealogy. This is as it should be in any library, whose purpose is providing resources for research and study. Neither FamilySearch, nor the Family History Library profess that these patron-supplied database collections are composed of documented and accurate information by qualified practitioners in a standardized profession of genealogy research services; only that patrons of the library have provided the information contained therein. As researchers dedicated to accuracy and integrity, do we therefore, reject the use of the Family History Library or its website, FamilySearch, or indeed all libraries because their holdings contain such unverified or inaccurate materials? FamilySearch bears no responsibility for accuracy or for correction of these submissions. What it does do, is recognize the weaknesses and failings of earlier record keeping systems, and constantly strive to improve and correct the processes for gathering, storing, and sharing data with a genealogy hungry world – free. I for one, with a nearly 40 year-long career in “climbing the family tree professionally since 1969” am very grateful for those who came before me and shared what they knew. And for the Family History Library for making this valuable resource available to me and other interested researchers.
James W. Petty, AG®, CGSM, B.A. (History), B.S. (Genealogy)
Ancestors are the People of History. Do you know who yours are?
Let the Professionals at HEIRLINES Family History & Genealogy find your Ancestry!
1-800-570-4049 ▪ www.heirlines.com ▪ PO Box 893 ▪ Salt Lake City, UT 84110
© 2009, Heirlines Family History & Genealogy, Inc. All rights reserved.
03/23/09
The Need for Professional Standard of Quality Control in Professional Genealogy Research Services
"The Need for Professional Standard of Quality Control in Professional Genealogy Research Services"
You are absolutely right about the need for a professional standard of quality control and entities that live by those professional standards in genealogy. Unfortunately, in 2009 there are no such animals because there is no formally established sovereign profession for the profession of professional genealogy research services. We have an umbrella approach right now that says "everyone can play and have a say" - even if they do not do genealogy as a profession, but just as a hobby or as a supplier of information - be it through talking, writing, speaking, publishing, researching, development of technology, Internet sharing and so on. It is a real hodge-podge of people putting out and storing family tree information and driving the technology, the science, the production by hobbyists, and the practice by professionals - be they real professionals or not. There is no one professional body of practitioners with standards, like in golf or medicine that sets the definition of terms, the ethics, the best practices, education, methodologies and other hallmarks of professionalism. As has been said before, it is what it is in 2009.
The Genealogy Industry is not professionally based, and revolves around the hobbyist production of family trees, "citizen genealogy", that has no standards or regulations. Like Golf, this amateur player is never going to change in genealogy. Hobbyists (most of them) in genealogy game want the truth and accuracy about THEIR family tree and are always searching for the next new wave in genealogy that will take them there quickly and cheaply. But like the professions of Medicine and Golf, there is a great need and a desire for professionalism. People want to play and get hole-in-ones and they want to live and be healthy.
Family tree production today is composed of a myriad of entities, mainly hobbyists and societies, and a very small group of professional genealogy providers, and practitioners who are all served by the umbrella of businesses within the industry. There is little or no standardization, except where these entities intersect with other professions ("in my real job I learned...). Most who proclaim professional status, do not want a sovereign profession or even at bare minimum, earned credentials. They want to do their own thing and make their own cheese, their own way. Hence, we have a real lack of quality control in genealogy in any single entity except on an in-house basis.
Lots of volunteer work is done in this environment by all of these groups, resulting in an enormous amount of time, efforts and results that have few if any shared or recognizable consistent standards, ethics or best practices. No one has to live by any rules, not even the practitioner titled "professional genealogist, who if he were in a profession that was real, would be the highest on the pyramid. Not so in Genealogy.
Self appointment as a professional is the rule today in Professional Genealogy. Few practitioners seek to earn professional designation and adhere to the hallmarks of professionalism. Everybody wants to be on top of the pyramid, and king of the castle, a professional genealogist. Anyone with the time, money, and/or just desire can proclaim professional status and research, report, produce, teach, write, speak, publish, share, put out on the Internet, create a database or world-recognized publication, or start a business all by self-appointment and charge money or do it for free. All with no professional quality control.
And if it sells, it must be good. If it is used, it must be accurate. If it is documented, it must be right. If the producer is popular, what they say and do is correct and based on professional work experience. If they are under the umbrella, they must be a real professionally qualified researcher - a "professional genealogist".
In such an environment, entities in genealogy do in-house quality control that may or may not meet the long term quality control needs that would be best for creating an accurate family tree. There is no recognized verifier, just a scramble of entities calling out to the consumer, come buy my wares or use my website for free information. The consumer is responsible for determining whether or not the information is accurate and trustworthy. There is no profession that has established quality control standards that benefit the profession, the practitioner and the consumer.
How do we get quality control in Genealogy? First and foremost - a profession needs to be established for the minority of producers - the willing and actual practitioners who agree upon qualifying membership standards or hallmarks of professionalism such as education, best practices, production standards and ethics. Such professionalism and professionals would be qualified to set the quality control standards for the production of accurate family trees for those databases, publications, websites, educational programs, and genealogical entities that want professional level verifiable accuracy. Unless we professionals do it for ourselves, outside groups or entities under the umbrella, by the sheer force of the massive non-standardized production of family trees by hobbyists and non professional business interests, will continue to keep the standards at the current level that allows the most to participate for the cheapest amount of money with non-verified quality.
A member's only body can be an influence for good on the vast production of genealogical materials by the majority, the citizen genealogists. Look at Golf or Medicine as examples. The professional body must come first, in-order to influence the development of entities that support professional standards. Through quality control on the profession level, standards have not hurt Medicine. We are healthier today than in any other generation. In golf - more hobbyists play today than ever before. They all know what they are aiming for. Let's give the hobbyist this in Genealogy.
Copyright March 23, 2009 © 2009, Heirlines Family History & Genealogy, Inc. All rights reserved.
Why do Mormons do Genealogy?
Why do Mormons do genealogy?
Doing genealogy has evolved – meaning, its recording/reporting. Natural Genealogy was first reported in oral presentations, then written down, and then onto the sophisticated recording methods brought on by inheritance, heraldry, law, societies, databases, compilations, the computer, the Internet and so on. What is coming in Genealogy is exciting!
We all do genealogy for our own beliefs or reasons. The LDS beliefs are well documented and founded in scripture and revelation, both ancient and modern.
LDS do genealogy freely out of that love for ancestry that is inherent in us all. And getting it right is the goal.
1. Malachi 4:5 –6 (Recorded thousands of years ago)
5 Behold, I will send you Elijah the prophet before the coming of the great and dreadful day of the LORD:
6 And he shall turn the heart of the fathers to the children, and the heart of the children to their fathers, lest I come and smite the earth with a curse.
2. D&C 128: 24 9 (Recorded in 1842)
24 Behold, the great day of the Lord is at hand; and who can abide the day of his coming, and who can stand when he appeareth? For he is like a refiner’s fire, and like fuller’s soap; and he shall sit as a refiner and purifier of silver, and he shall purify the sons of Levi, and purge them as gold and silver, that they may offer unto the Lord an offering in righteousness. Let us, therefore, as a church and a people, and as Latter-day Saints, offer unto the Lord an offering in righteousness; and let us present in his holy temple, when it is finished, a book containing the records of our dead, which shall be worthy of all acceptation.
The Truth exists. We have our agency to choose it or not; to follow principles that will take us there or not. But no matter the reporting or the recording, the Truth still exists and will be known. It stands.
Sincerely yours,
Mary E. Petty, B.A. (History), B.A. (Genealogy
==============================================================
Ancestors are the People of History. Do you know who yours are? Let the Professionals at HEIRLINES Family History & Genealogy find your ancestry! 1-800-570-4049 ▪ www.heirlines.com ▪ PO Box 893 ▪ Salt Lake City, UT 84110
© 2009, Heirlines Family History & Genealogy, Inc. All rights reserved.
03/09/09
Mary E. Petty, B.A. (Genealogy) Reviews Heir Finder Regulation Bill in Texas Legislature 2009 - SB 1243 2009 Texas
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?)
( 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)
( 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.
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