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.