By:  Cook                                             H.B. No. 1107
       73R3928 CLG-F
                                 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.