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.