1-1 By: Goodman (Senate Sponsor - Harris of Tarrant) H.B. No. 475
1-2 (In the Senate - Received from the House April 5, 1993;
1-3 April 5, 1993, read first time and referred to Committee on
1-4 Jurisprudence; April 20, 1993, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; April 20, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the selection of a guardian by a minor.
1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-19 SECTION 1. Section 118, Texas Probate Code, is amended to
1-20 read as follows:
1-21 Sec. 118. Selection of Guardian by Minor. (a) When No
1-22 Other Guardian Has Been Appointed. When an application has been
1-23 filed for the guardianship of the person or estate, or of both, of
1-24 a minor who has attained the age of twelve <fourteen> years, such
1-25 minor may, by writing filed with the clerk, make choice of the
1-26 guardian if the court approves the choice and finds that the choice
1-27 is in the best interest of the minor<, subject to the court's
1-28 approval of such choice>.
1-29 (b) When Another Guardian Has Been Appointed. A minor upon
1-30 attaining the age of fourteen years may select another guardian
1-31 either of his person or estate, or both, if such minor has a
1-32 guardian appointed by the court, or if, having a guardian appointed
1-33 by will or written declaration of the parent of such minor, such
1-34 last named guardian dies, resigns, or is removed from guardianship;
1-35 and the court shall, if satisfied that the person selected is
1-36 suitable and competent and that the appointment of the person is in
1-37 the best interest of the minor, make such appointment and revoke
1-38 the letters of guardianship to the former guardian. Such selection
1-39 shall be made in open court, in person or by attorney, by making
1-40 application therefor.
1-41 SECTION 2. This Act takes effect September 1, 1993.
1-42 SECTION 3. The importance of this legislation and the
1-43 crowded condition of the calendars in both houses create an
1-44 emergency and an imperative public necessity that the
1-45 constitutional rule requiring bills to be read on three several
1-46 days in each house be suspended, and this rule is hereby suspended.
1-47 * * * * *
1-48 Austin,
1-49 Texas
1-50 April 20, 1993
1-51 Hon. Bob Bullock
1-52 President of the Senate
1-53 Sir:
1-54 We, your Committee on Jurisprudence to which was referred H.B.
1-55 No. 475, have had the same under consideration, and I am instructed
1-56 to report it back to the Senate with the recommendation that it do
1-57 pass and be printed.
1-58 Henderson,
1-59 Chairman
1-60 * * * * *
1-61 WITNESSES
1-62 No witnesses appeared on H.B. No. 475.