HBA-LCA H.B. 3338 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3338 By: Naishtat Judicial Affairs 4/7/1999 Introduced BACKGROUND AND PURPOSE Currently, a surviving parent who wishes to waive the bond for a person that the parent chooses as a designated guardian may do so only by stating this in a will. H.B. 3338 amends the Probate Code to allow a surviving parent to designate a bond waiver by either naming the guardian in a will or by a written designation. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 702(c), Probate Code, to include a written declaration, in addition to a will, as a means for a surviving parent to direct a court to appoint the person named in the document as guardian without requirement of bond. Makes conforming changes. SECTION 2. Amends Section 677(A)(e), Probate Code, to provide a form for the written declaration authorized under Section 702(c), Probate Code, as amended by this Act. Provides that the form may, but need not, be used. SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause.