1-1 relating to the liability of and bonds required of guardians of the
1-2 person of certain wards.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Section 702, Texas Probate Code,
1-5 is amended to read as follows:
1-6 (b) A bond is not required to be given by a guardian that
1-8 (1) a corporate fiduciary, as defined by Section
1-9 601(5) of this code; or
1-10 (2) a guardianship program operated by a county [
1-11 a population of more than 2.5 million, according to the most recent
1-12 federal decennial census].
1-13 SECTION 2. Subpart B, Part 3, Chapter XIII, Texas Probate
1-14 Code, is amended by adding Section 702A to read as follows:
1-15 Sec. 702A. TYPES OF BONDS ACCEPTABLE FOR GUARDIAN OF THE
1-16 PERSON. (a) This section applies only to a bond required to be
1-17 posted by a guardian of the person of a ward when there is no
1-18 guardian of the ward's estate.
1-19 (b) To ensure the performance of the guardian's duties, the
1-20 court may accept only:
1-21 (1) a corporate surety bond;
1-22 (2) a personal surety bond;
1-23 (3) a deposit of money instead of a surety bond; or
2-1 (4) a personal bond.
2-2 (c) In determining the appropriate type and amount of bond
2-3 to set for the guardian, the court shall consider:
2-4 (1) the familial relationship of the guardian to the
2-6 (2) the guardian's ties to the community;
2-7 (3) the guardian's financial condition;
2-8 (4) the guardian's past history of compliance with the
2-9 court; and
2-10 (5) the reason the guardian may have previously been
2-11 denied a corporate surety bond.
2-12 SECTION 3. Section 102.002, Civil Practice and Remedies
2-13 Code, is amended by amending Subsection (c) and adding Subsection
2-14 (e) to read as follows:
2-15 (c) Except as provided by Subsection (e), a [ A] local
2-16 government may not pay damages awarded against an employee that:
2-17 (1) arise from a cause of action for official
2-18 misconduct; or
2-19 (2) arise from a cause of action involving a wilful or
2-20 wrongful act or omission or an act or omission constituting gross
2-22 (e) A local government that does not give a bond under
2-23 Section 702(b), Texas Probate Code, shall pay damages awarded
2-24 against an employee of the local government arising from a cause of
2-25 action described by Subsection (c) if the liability results from
3-1 the employee's appointment as guardian of the person or estate of a
3-2 ward under the Texas Probate Code and the action or omission for
3-3 which the employee was found liable was in the course and scope of
3-4 the person's employment with the local government.
3-5 SECTION 4. Section 102.003, Civil Practice and Remedies
3-6 Code, is amended to read as follows:
3-7 Sec. 102.003. MAXIMUM PAYMENTS. Payments under this chapter
3-8 by a local government may not exceed:
3-9 (1) $100,000 to any one person or $300,000 for any
3-10 single occurrence in the case of personal injury or death; or
3-11 (2) $10,000 for a single occurrence of property
3-12 damage, unless the local government is liable in the local
3-13 government's capacity as guardian under the Texas Probate Code and
3-14 does not give a bond under Section 702(b), Texas Probate Code, in
3-15 which event payments may not exceed the amount of the actual
3-16 property damages.
3-17 SECTION 5. This Act takes effect September 1, 1997, and
3-18 applies only to a proceeding for the appointment of a guardian that
3-19 is instituted on or after that date. A proceeding for the
3-20 appointment of a guardian that is instituted before the effective
3-21 date of this Act is governed by the law in effect on the date on
3-22 which the proceeding was instituted, and the former law is
3-23 continued in effect for that purpose.
3-24 SECTION 6. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.
President of the Senate Speaker of the House
I hereby certify that S.B. No. 318 passed the Senate on
April 17, 1997, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate
I hereby certify that S.B. No. 318 passed the House on
May 25, 1997, by a non-record vote.
Chief Clerk of the House