By Luna                                                S.B. No. 587
       74R5230 CLG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the liability of private professional guardians.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subpart A, Part 3, Chapter XIII, Texas Probate
    1-5  Code, is amended by adding Section 697A to read as follows:
    1-6        Sec. 697A.  LIMITATION ON CIVIL LIABILITY OF PRIVATE
    1-7  PROFESSIONAL GUARDIANS.  (a)  A private professional guardian who
    1-8  has complied with the requirements of Section 697 of this code and
    1-9  has been appointed guardian of the person of a ward is not liable
   1-10  for civil damages for an act or omission connected with the
   1-11  performance of the private professional guardian's duties under
   1-12  this chapter.
   1-13        (b)  This section does not apply to an act or omission that
   1-14  constitutes gross negligence, recklessness, or intentional
   1-15  misconduct.
   1-16        SECTION 2.  This Act takes effect September 1, 1995, and
   1-17  applies only to a cause of action that accrues on or after that
   1-18  date.  An action that accrued before the effective date of this Act
   1-19  is governed by the law in effect at the time the cause of action
   1-20  accrued, and that law is continued in effect for that purpose.
   1-21        SECTION 3.  The importance of this legislation and the
   1-22  crowded condition of the calendars in both houses create an
   1-23  emergency and an imperative public necessity that the
   1-24  constitutional rule requiring bills to be read on three several
    2-1  days in each house be suspended, and this rule is hereby suspended.