H.B. No. 475
1-1 AN ACT
1-2 relating to the selection of a guardian by a minor.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 118, Texas Probate Code, is amended to
1-5 read as follows:
1-6 Sec. 118. Selection of Guardian by Minor. (a) When No
1-7 Other Guardian Has Been Appointed. When an application has been
1-8 filed for the guardianship of the person or estate, or of both, of
1-9 a minor who has attained the age of twelve <fourteen> years, such
1-10 minor may, by writing filed with the clerk, make choice of the
1-11 guardian if the court approves the choice and finds that the choice
1-12 is in the best interest of the minor<, subject to the court's
1-13 approval of such choice>.
1-14 (b) When Another Guardian Has Been Appointed. A minor upon
1-15 attaining the age of fourteen years may select another guardian
1-16 either of his person or estate, or both, if such minor has a
1-17 guardian appointed by the court, or if, having a guardian appointed
1-18 by will or written declaration of the parent of such minor, such
1-19 last named guardian dies, resigns, or is removed from guardianship;
1-20 and the court shall, if satisfied that the person selected is
1-21 suitable and competent and that the appointment of the person is in
1-22 the best interest of the minor, make such appointment and revoke
1-23 the letters of guardianship to the former guardian. Such selection
1-24 shall be made in open court, in person or by attorney, by making
2-1 application therefor.
2-2 SECTION 2. This Act takes effect September 1, 1993.
2-3 SECTION 3. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.