PMWJ S.B. 318 75(R)BILL ANALYSIS JUDICIAL AFFAIRS S.B. 318 By: Ellis (Thompson) 4-28-97 Committee Report (Unamended) BACKGROUND Currently, guardians of certain wards are required to post a bond. This bill will set forth the types of bonds required of guardians of certain wards. In addition, counties may operate guardianship programs without bond. In at least one case, the negligence of the local guardianship program resulted in the depletion of the ward's estate and left the ward without legal recourse against the local guardianship program. PURPOSE S.B. 318 sets forth the types of bonds required of guardians of certain wards and makes counties which operate guardianship programs without bond liable for actual property damages as a result of actions or omissions by an employee of the county guardianship program when the employee is acting in the course and scope of employment. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1 amends Section 702(b), Probate Code, to delete the population of the county threshold in a provision stating that a bond is not required to be given by a guardian that is a guardianship program operated by a county. SECTION 2 amends Part 3B, Chapter XIII, Probate Code, by adding Section 702A. Sec. 702A. TYPES OF BONDS ACCEPTABLE FOR GUARDIAN OF THE PERSON. Provides that this section applies only to a bond required to be posted by a guardian of the person of a ward when there is no guardian of the ward's estate. Sets forth types of bonds the court is authorized to accept. Sets forth factors the court is required to consider in determining the appropriate type and amount of bond to set for the guardian. SECTION 3 amends Section 102.002, Civil Practice and Remedies Code, by amending Subsection (c) and adding Subsection (e). Subsec. (c) is amended to provide an exception as stated by new Subsec. (e). New Subsec. (e) requires a local government that does not give a bond under Section 702(b), Probate Code, to pay damages awarded against an employee of the local government arising from a cause of action described by Subsection (c) if the liability results from the employee's appointment as guardian of the person or estate of a ward under the Probate Code and the action or omission for which the employee was found liable was in the course and scope of the person's employment with the local government. SECTION 4 amends Section 102.003, Civil Practice and Remedies Code, which prohibits payments under this chapter by a local government from exceeding set limits for a single occurrence of property damage, by adding an exception: unless the local government is liable in the local government's capacity under the Probate Code and does not give a bond under Section 702(b), Probate Code, in which event payments are prohibited from exceeding the amount of the actual property damage. SECTION 5. Effective date. Application of act. SECTION 6. Emergency clause.