SRC-AXB H.B. 3338 76(R) BILL ANALYSIS Senate Research Center H.B. 3338 76R1789 BDH-DBy: Naishtat (Wentworth) Jurisprudence 5/4/1999 Engrossed DIGEST Currently, a parent is allowed to exempt a potential child's guardian from posting a bond, if it is so stated in the will. However, no provisions exist for this to be accomplished through a written declaration. Since a parent can designate a guardian through either a will or a written declaration, a bond waiver should also be authorized through both documents. H.B. 3338 creates a waiver of the bond requirement for a guardian appointed in a written document in the event of a parent's death. PURPOSE As proposed, H.B. 3338 creates a waiver of the bond requirement for a guardian appointed in the event of a parent's death. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 702(c), Texas Probate Code, to provide that when a written declaration that is made by a surviving parent and directs a guardian to serve without a bond, the court will appoint the guardian without a bond. Makes conforming changes. SECTION 2. Amends Section 677A(e), Texas Probate Code, to add text to an official declaration of appointment of a child's guardian, to include specific language directing a guardian to serve with or without a bond. SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause.