1-1 By: Cook (Senate Sponsor - Turner) H.B. No. 1107
1-2 (In the Senate - Received from the House May 3, 1993;
1-3 May 4, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 25, 1993, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; May 25, 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 designation of a resident agent for acceptance of
1-18 service of process in guardianship proceedings as qualification for
1-19 the appointment of nonresident persons as guardians of resident
1-20 wards.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Section 110, Texas Probate Code, is amended to
1-23 read as follows:
1-24 Sec. 110. Persons Disqualified to Serve as Guardians. The
1-25 following persons shall not be appointed guardians:
1-26 (a) Minors.
1-27 (b) Persons whose conduct is notoriously bad.
1-28 (c) Incompetents.
1-29 (d) Those who are themselves parties, or whose father
1-30 or mother is a party to a lawsuit on the result of which the
1-31 welfare of the person for whom, or for whose estate, a guardian is
1-32 to be appointed, may depend.
1-33 (e) Those who are indebted to the person for whom or
1-34 for whose estate a guardian is to be appointed, unless they pay the
1-35 debt prior to the appointment, or who are asserting any claim to
1-36 any property, real or personal, adverse to the person for whom, or
1-37 for whose estate, the appointment is sought.
1-38 (f) A nonresident person who has not filed with the
1-39 court the name of a resident agent to accept service of process in
1-40 all actions or proceedings relating to the guardianship.
1-41 (g) Those who by reason of inexperience or lack of
1-42 education, or for other good reason, are shown to be incapable of
1-43 properly and prudently managing and controlling the ward or his
1-44 estate.
1-45 SECTION 2. The change in law made by this Act applies only
1-46 to an application for appointment of a guardian filed on or after
1-47 the effective date of this Act. An application for appointment of
1-48 a guardian filed before the effective date of this Act is governed
1-49 by the law in effect when the application was filed, and the former
1-50 law is continued in effect for that purpose.
1-51 SECTION 3. This Act takes effect September 1, 1993.
1-52 SECTION 4. The importance of this legislation and the
1-53 crowded condition of the calendars in both houses create an
1-54 emergency and an imperative public necessity that the
1-55 constitutional rule requiring bills to be read on three several
1-56 days in each house be suspended, and this rule is hereby suspended.
1-57 * * * * *
1-58 Austin,
1-59 Texas
1-60 May 25, 1993
1-61 Hon. Bob Bullock
1-62 President of the Senate
1-63 Sir:
1-64 We, your Committee on Jurisprudence to which was referred H.B.
1-65 No. 1107, have had the same under consideration, and I am
1-66 instructed to report it back to the Senate with the recommendation
1-67 that it do pass and be printed.
1-68 Henderson,
2-1 Chairman
2-2 * * * * *
2-3 WITNESSES
2-4 FOR AGAINST ON
2-5 ___________________________________________________________________
2-6 Name: Guy Herman x
2-7 Representing: Probate Court
2-8 City: Austin
2-9 -------------------------------------------------------------------