By Thompson                                           H.B. No. 2400
       74R5133 MWV-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the bond required of certain guardians.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 702, Texas Probate Code, is amended to
    1-5  read as follows:
    1-6        Sec. 702.  Bond of Guardian of the Person.  (a)  Except as
    1-7  provided by Subsections (b), <and> (c), and (d) of this section, a
    1-8  guardian of the person is required to give bond.
    1-9        (b)  A bond is not required to be given by a guardian that is
   1-10  a corporate fiduciary, as defined by Section 601(5) of this code.
   1-11        (c)  When a will that is made by a surviving parent and is
   1-12  probated in a court in this state directs that the guardian
   1-13  appointed in the will serve without bond, the court finding that
   1-14  the person is qualified shall issue letters of guardianship of the
   1-15  person to the person named to be appointed guardian in the will
   1-16  without requirement of bond.
   1-17        (d)  If only a guardianship of the person of a ward has been
   1-18  requested by a relative of the ward or a guardianship program
   1-19  operated by a governmental agency, the court may waive the bond
   1-20  requirement for the guardian of the person of a ward if there are
   1-21  special circumstances.
   1-22        (e)  The guardian of the person of a ward for whom a bond has
   1-23  been waived by a court under this section is liable in an action
   1-24  filed under Section 744 of this code for the same penalties as
    2-1  would be imposed on a guardian required to file a bond under this
    2-2  section.  In addition, the guardian is required to pay all costs
    2-3  and expenses of any enforcement proceedings, including any
    2-4  attorney's fees, awarded by the court against the guardian under
    2-5  this chapter.
    2-6        SECTION 2.  Section 703, Texas Probate Code, is amended by
    2-7  adding Subsections (t), (u), and (v) to read as follows:
    2-8        (t)  A bond is not required to be given by a guardian that is
    2-9  a corporate fiduciary, as defined by Section 601(5) of this code.
   2-10        (u)  The provisions of a will directing that the guardian
   2-11  appointed in the will serve without bond are not effective to waive
   2-12  the requirement of a bond for the guardian of the estate of a ward.
   2-13        (v)  The guardian of the estate of a ward for whom a bond has
   2-14  been waived under Subsection (t) of this section is liable under
   2-15  Section 744 of this code for the same penalties as would be imposed
   2-16  on a guardian who is required to file a bond as guardian of the
   2-17  estate.  In addition, the guardian is required to pay all costs and
   2-18  expenses of any enforcement proceedings, including any attorney's
   2-19  fees, awarded by the court against the guardian under this chapter.
   2-20        SECTION 3.  This Act takes effect September 1, 1995.  The
   2-21  changes in law made by this Act apply only to a person appointed by
   2-22  a court to serve as guardian of the person or of the estate of a
   2-23  ward on or after the effective date of this Act.  A person who is
   2-24  appointed by a court to serve as guardian of the person or of the
   2-25  estate of a ward before the effective date of this Act is governed
   2-26  by the law in effect on the date the person was appointed by the
   2-27  court, and the former law is continued in effect for that purpose.
    3-1        SECTION 4.  The importance of this legislation and the
    3-2  crowded condition of the calendars in both houses create an
    3-3  emergency and an imperative public necessity that the
    3-4  constitutional rule requiring bills to be read on three several
    3-5  days in each house be suspended, and this rule is hereby suspended.