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 -------------------------------------------------------------------