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.