73R3928 CLG-F By Cook H.B. No. 1107 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the designation of a resident agent for acceptance of 1-3 service of process in guardianship proceedings as qualification for 1-4 the appointment of nonresident persons as guardians of resident 1-5 wards. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Section 110, Texas Probate Code, is amended to 1-8 read as follows: 1-9 Sec. 110. Persons Disqualified to Serve as Guardians. The 1-10 following persons shall not be appointed guardians: 1-11 (a) Minors. 1-12 (b) Persons whose conduct is notoriously bad. 1-13 (c) Incompetents. 1-14 (d) Those who are themselves parties, or whose father 1-15 or mother is a party to a lawsuit on the result of which the 1-16 welfare of the person for whom, or for whose estate, a guardian is 1-17 to be appointed, may depend. 1-18 (e) Those who are indebted to the person for whom or 1-19 for whose estate a guardian is to be appointed, unless they pay the 1-20 debt prior to the appointment, or who are asserting any claim to 1-21 any property, real or personal, adverse to the person for whom, or 1-22 for whose estate, the appointment is sought. 1-23 (f) A nonresident person who has not filed with the 1-24 court the name of a resident agent to accept service of process in 2-1 all actions or proceedings relating to the guardianship. 2-2 (g) Those who by reason of inexperience or lack of 2-3 education, or for other good reason, are shown to be incapable of 2-4 properly and prudently managing and controlling the ward or his 2-5 estate. 2-6 SECTION 2. The change in law made by this Act applies only 2-7 to an application for appointment of a guardian filed on or after 2-8 the effective date of this Act. An application for appointment of 2-9 a guardian filed before the effective date of this Act is governed 2-10 by the law in effect when the application was filed, and the former 2-11 law is continued in effect for that purpose. 2-12 SECTION 3. This Act takes effect September 1, 1993. 2-13 SECTION 4. The importance of this legislation and the 2-14 crowded condition of the calendars in both houses create an 2-15 emergency and an imperative public necessity that the 2-16 constitutional rule requiring bills to be read on three several 2-17 days in each house be suspended, and this rule is hereby suspended.