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By: Swanson (Senate Sponsor - Zaffirini) |
H.B. No. 266 |
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(In the Senate - Received from the House April 17, 2023; |
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April 19, 2023, read first time and referred to Committee on |
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Jurisprudence; May 3, 2023, reported favorably by the following |
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vote: Yeas 5, Nays 0; May 3, 2023, sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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HughesX |
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JohnsonX |
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CreightonX |
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HinojosaX |
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MiddletonX |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the required filing and use of an affidavit containing |
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the contact information of certain persons in a guardianship |
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proceeding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 1101, Estates Code, is |
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amended by adding Section 1101.003 to read as follows: |
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Sec. 1101.003. AFFIDAVIT CONTAINING CONTACT INFORMATION OF |
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CERTAIN PERSONS. (a) Within the time prescribed by the court, a |
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person who files an application under Section 1101.001 shall file |
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an affidavit with the court that states the name, address, |
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telephone number, e-mail address, and other contact information if |
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known by the applicant for each person entitled to notice under |
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Section 1051.104(a). |
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(b) An affidavit filed under this section is privileged and |
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confidential. The affidavit may not be released or otherwise |
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disclosed to the public. |
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(c) On qualification of a guardian, the court shall provide |
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a copy of the affidavit filed under this section to the guardian if |
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the guardian is not the person who filed the affidavit. |
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SECTION 2. Section 1151.056, Estates Code, is amended by |
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adding Subsection (h) to read as follows: |
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(h) Unless the guardian knows the information is not |
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correct, a guardian of a ward shall rely on the contact information |
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contained in the affidavit required by Section 1101.003 to provide |
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notice about the ward to a relative of the ward under this section. |
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SECTION 3. The changes in law made by this Act apply only to |
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an application for the appointment of a guardian filed on or after |
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the effective date of this Act. An application for the appointment |
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of a guardian filed before the effective date of this Act is |
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governed by the law in effect on the date the application was filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |
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* * * * * |