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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 82(R)

Senate Bill 1196

Senate Author:  Rodriguez

Effective:  9-1-11

House Sponsor:  Hartnett


            Senate Bill 1196 amends provisions of the Texas Probate Code and the Government Code relating to guardianship matters.  Among other provisions, the bill revises probate law to reflect the redefining of "guardianship proceeding" to include the appointment of a guardian of a minor or other incapacitated person, including an incapacitated adult for whom another court obtained continuing, exclusive jurisdiction in a suit affecting the parent-child relationship when the person was a child; an application, petition, or motion regarding guardianship, an alternative to guardianship, or a management trust; and a mental health action.  The bill also sets out provisions relating to the jurisdiction of various courts in original and contested guardianship proceedings that depend on the structure of a county court system and revises provisions governing trial and hearing matters in a guardianship proceeding.  The bill authorizes a person who has only a physical disability to apply for the creation of a management trust.  The bill, in addition to updating other provisions relating to management trusts, updates provisions relating to the transfer of management trust property to a pooled trust and the amendment, modification, or revocation and the termination of a management trust.