1-1 By: Thompson (Senate Sponsor - Harris) H.B. No. 1851
1-2 (In the Senate - Received from the House May 5, 1999;
1-3 May 6, 1999, read first time and referred to Committee on
1-4 Jurisprudence; May 13, 1999, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 4, Nays 0;
1-6 May 13, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1851 By: Harris
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to guardianships and other related matters concerning
1-11 incapacitated persons.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 665(a), Texas Probate Code, is amended to
1-14 read as follows:
1-15 (a) The court may authorize compensation for a guardian or a
1-16 temporary guardian serving as a guardian of the person alone from
1-17 available funds of the ward's estate or other funds available for
1-18 that purpose. The court shall set the compensation in an amount
1-19 not exceeding five percent of the ward's gross income. In
1-20 determining whether to authorize compensation for a guardian under
1-21 this section, the court shall consider the ward's monthly income
1-22 from all sources and whether the ward receives medical assistance
1-23 under the state Medicaid program.
1-24 SECTION 2. Section 687(b), Texas Probate Code, is amended to
1-25 read as follows:
1-26 (b) Except as provided by Subsection (c) of this section, if
1-27 the court determines it is necessary, the court may appoint the
1-28 necessary physicians to examine the proposed ward. Unless the
1-29 court determines that an emergency examination is necessary, the
1-30 court must make its determination with respect to the necessity for
1-31 a physician's examination of the proposed ward at a hearing held
1-32 for that purpose. Not later than the fourth day before the date of
1-33 the hearing, the applicant shall give to the proposed ward and the
1-34 proposed ward's attorney ad litem written notice specifying the
1-35 purpose and the date and time of the hearing. A physician who
1-36 examines the proposed ward, other than a physician or psychologist
1-37 who examines the proposed ward under Subsection (c) of this
1-38 section, shall make available to an attorney ad litem appointed to
1-39 represent the proposed ward, for inspection, a written letter or
1-40 certificate from the physician that complies with the requirements
1-41 of Subsection (a) of this section.
1-42 SECTION 3. Section 745(c), Texas Probate Code, is amended to
1-43 read as follows:
1-44 (c) When the estate of a minor ward consists only of cash or
1-45 cash equivalents in an amount of $50,000 [$25,000] or less, the
1-46 guardianship of the estate may be terminated and the assets paid to
1-47 the county clerk of the county in which the guardianship
1-48 proceeding is pending, and the clerk shall manage the funds as
1-49 provided by Section 887 of this code.
1-50 SECTION 4. Subpart D, Part 4, Chapter XIII, Texas Probate
1-51 Code, is amended by adding Sections 760A and 760B to read as
1-52 follows:
1-53 Sec. 760A. CHANGE OF RESIDENT AGENT. (a) A guardian may
1-54 change its resident agent to accept service of process in a
1-55 guardianship proceeding or other matter relating to the
1-56 guardianship by filing a statement of the change entitled
1-57 "Designation of Successor Resident Agent" with the court in which
1-58 the guardianship proceeding is pending. The statement must contain
1-59 the names and addresses of the:
1-60 (1) guardian;
1-61 (2) resident agent; and
1-62 (3) successor resident agent.
1-63 (b) The designation of a successor resident agent made in a
1-64 statement filed under this section takes effect on the date on
2-1 which the statement is filed with the court.
2-2 Sec. 760B. RESIGNATION OF RESIDENT AGENT. (a) A resident
2-3 agent of a guardian may resign as the resident agent by giving
2-4 notice to the guardian and filing with the court in which the
2-5 guardianship proceeding is pending a statement entitled
2-6 "Resignation of Resident Agent" that:
2-7 (1) contains the name of the guardian;
2-8 (2) contains the address of the guardian most recently
2-9 known by the resident agent;
2-10 (3) states that notice of the resignation has been
2-11 given to the guardian and that the guardian does not have a
2-12 resident agent; and
2-13 (4) contains the date on which the notice of the
2-14 resignation was given to the guardian.
2-15 (b) The resident agent shall send, by certified mail, return
2-16 receipt requested, a copy of a resignation statement filed under
2-17 Subsection (a) of this section to:
2-18 (1) the guardian at the address most recently known by
2-19 the agent; and
2-20 (2) each party in the case or the party's attorney or
2-21 other designated representative of record.
2-22 (c) The resignation of a resident agent takes effect on the
2-23 date on which the court enters an order accepting the agent's
2-24 resignation. A court may not enter an order accepting the agent's
2-25 resignation unless the agent complies with the requirements of this
2-26 section.
2-27 SECTION 5. Section 761, Texas Probate Code, is amended to
2-28 read as follows:
2-29 Sec. 761. REMOVAL. (a) The court, on its own motion or on
2-30 motion of any interested person, including the ward, and without
2-31 notice, may remove any guardian, appointed under this chapter, who:
2-32 (1) neglects to qualify in the manner and time
2-33 required by law;
2-34 (2) fails to return within 90 days after
2-35 qualification, unless the time is extended by order of the court,
2-36 an inventory of the property of the guardianship estate and list of
2-37 claims that have come to the guardian's knowledge;
2-38 (3) having been required to give a new bond, fails to
2-39 do so within the time prescribed;
2-40 (4) absents himself from the state for a period of
2-41 three months at one time without permission of the court, or
2-42 removes from the state;
2-43 (5) cannot be served with notices or other processes
2-44 because of the fact that:
2-45 (A) the guardian's whereabouts are unknown;
2-46 (B) [, or because] the guardian is eluding
2-47 service; or
2-48 (C) the guardian is a nonresident of this state
2-49 who does not have a resident agent to accept service of process in
2-50 any guardianship proceeding or other matter relating to the
2-51 guardianship;
2-52 (6) has misapplied, embezzled, or removed from the
2-53 state, or is about to misapply, embezzle, or remove from the state,
2-54 all or any part of the property committed to the guardian's care;
2-55 or
2-56 (7) has cruelly treated a ward, or has neglected to
2-57 educate or maintain the ward as liberally as the means of the ward
2-58 and the condition of the ward's estate permit.
2-59 (b) The court may remove a personal representative under
2-60 Subsection (a)(6) or (7) of this section only on the presentation
2-61 of clear and convincing evidence given under oath.
2-62 (c) The court may remove a guardian on its own motion, or on
2-63 the complaint of an interested person, after the guardian has been
2-64 cited by personal service to answer at a time and place set in the
2-65 notice, when:
2-66 (1) sufficient grounds appear to support belief that
2-67 the guardian has misapplied, embezzled, or removed from the state,
2-68 or that the guardian is about to misapply, embezzle, or remove from
2-69 the state, all or any part of the property committed to the care of
3-1 the guardian;
3-2 (2) the guardian fails to return any account or report
3-3 that is required by law to be made;
3-4 (3) the guardian fails to obey any proper order of the
3-5 court having jurisdiction with respect to the performance of the
3-6 guardian's duties;
3-7 (4) the guardian is proved to have been guilty of
3-8 gross misconduct or mismanagement in the performance of the duties
3-9 of the guardian;
3-10 (5) the guardian becomes incapacitated, or is
3-11 sentenced to the penitentiary, or from any other cause becomes
3-12 incapable of properly performing the duties of the guardian's
3-13 trust;
3-14 (6) as guardian of the person, the guardian cruelly
3-15 treats the ward, or neglects to educate or maintain the ward as
3-16 liberally as the means of the ward's estate and the ward's ability
3-17 or condition permit;
3-18 (7) the guardian interferes with the ward's progress
3-19 or participation in programs in the community; [or]
3-20 (8) the guardian fails to comply with the requirements
3-21 of Section 697 of this code; or
3-22 (9) the court determines that there has been a
3-23 dissolution of the joint guardians' marriage and the joint
3-24 guardians were not named as joint managing conservators by a court
3-25 with jurisdiction to decide child custody matters.
3-26 (d) The order of removal shall state the cause of the
3-27 removal. It must require that any letters issued to the person who
3-28 is removed shall, if the removed person has been personally served
3-29 with citation, be surrendered and that all those letters be
3-30 cancelled of record, whether or not delivered. It must further
3-31 require, as to all the estate remaining in the hands of a removed
3-32 person, delivery of the estate to the person or persons entitled to
3-33 the estate, or to one who has been appointed and has qualified as
3-34 successor guardian, and as to the person of a ward, that control be
3-35 relinquished as required in the order.
3-36 (e) If a joint guardian is removed under Subsection (c)(9)
3-37 of this section, the other joint guardian is entitled to continue
3-38 to serve as the sole guardian unless removed for a reason other
3-39 than the dissolution of the joint guardians' marriage.
3-40 (f) If the necessity exists, the court may immediately
3-41 appoint a successor but may not discharge the person removed as
3-42 guardian of the estate or release the person or the sureties on the
3-43 person's bond until final order or judgment is rendered on the
3-44 final account of the guardian.
3-45 (g) [(f)] The court at any time may order a person removed
3-46 as guardian under this section who has all or part of the estate of
3-47 a ward to deliver all or part of the ward's estate to a person who
3-48 has been appointed and has qualified as successor guardian.
3-49 SECTION 6. Section 784, Texas Probate Code, is amended by
3-50 adding Subsection (e) to read as follows:
3-51 (e) In the notice required by Subsection (b) of this
3-52 section, the guardian of the estate may expressly state in the
3-53 notice that the unsecured creditor must present a claim not later
3-54 than the 120th day after the date on which the unsecured creditor
3-55 receives the notice or the claim is barred, if the claim is not
3-56 barred by the general statutes of limitation. The notice under
3-57 this subsection must include:
3-58 (1) the address to which claims may be presented; and
3-59 (2) an instruction that the claim be filed with the
3-60 clerk of the court issuing the letters of guardianship.
3-61 SECTION 7. Section 786(a), Texas Probate Code, is amended to
3-62 read as follows:
3-63 (a) A claim may be presented to the guardian of the estate
3-64 at any time when the estate is not closed and when suit on the
3-65 claim has not been barred by the general statutes of limitation.
3-66 If a claim of an unsecured creditor for money is not presented
3-67 within the time prescribed by the notice permitted by Section
3-68 784(e) of this code, the claim is barred.
3-69 SECTION 8. Subpart M, Part 4, Chapter XIII, Texas Probate
4-1 Code, is amended by adding Section 865A to read as follows:
4-2 Sec. 865A. INSPECTION OF CERTAIN INSTRUMENT FOR ESTATE
4-3 PLANNING PURPOSES. (a) On the filing of an application under
4-4 Section 865 of this code, the guardian of the ward's estate may
4-5 apply to the court for an order to seek an in camera inspection of
4-6 a true copy of a will, codicil, trust, or other estate planning
4-7 instrument of the ward as a means of obtaining access to the
4-8 instrument for purposes of establishing an estate plan under
4-9 Section 865 of this code.
4-10 (b) An application filed under this section must:
4-11 (1) be sworn to by the guardian;
4-12 (2) list all of the instruments requested for
4-13 inspection; and
4-14 (3) state one or more reasons supporting the necessity
4-15 to inspect each requested instrument for the purpose described by
4-16 Subsection (a) of this section.
4-17 (c) A person who files an application under this section
4-18 shall send a copy of the application to:
4-19 (1) each person who has custody of an instrument
4-20 listed in the application;
4-21 (2) the ward's spouse;
4-22 (3) the ward's dependents;
4-23 (4) all devisees under a will, trust, or other
4-24 beneficial instrument relating to the ward's estate; and
4-25 (5) any other person as directed by the court.
4-26 (d) Notice required by Subsection (c) of this section must
4-27 be delivered by certified mail to a person described by Subsection
4-28 (c)(2), (3), (4), or (5) of this section and by registered or
4-29 certified mail to a person described by Subsection (c)(1) of this
4-30 section. After the 10th day after the date on which the applicant
4-31 complies with the notice requirement, the applicant may request
4-32 that a hearing be held on the application. Notice of the date,
4-33 time, and place of the hearing must be given by the applicant to
4-34 each person described by Subsection (c)(1) of this section when the
4-35 court sets a date for a hearing on the application.
4-36 (e) After the conclusion of a hearing on the application and
4-37 on a finding that there is good cause for an in camera inspection
4-38 of a requested instrument, the court shall direct the person that
4-39 has custody of the requested will, codicil, trust, or other estate
4-40 planning instrument to deliver a true copy of the instrument to the
4-41 court for in camera inspection only. After conducting an in camera
4-42 review of the instrument, the court, if good cause exists, shall
4-43 release all or part of the instrument to the applicant only for the
4-44 purpose described by Subsection (a) of this section.
4-45 (f) The court may appoint a guardian ad litem for the ward
4-46 or an interested party at any stage of the proceedings if it is
4-47 considered advisable for the protection of the ward or the
4-48 interested party.
4-49 (g) An attorney does not violate the attorney-client
4-50 privilege solely by complying with a court order to release an
4-51 instrument subject to this section. Notwithstanding Section
4-52 22.004, Government Code, the supreme court may not amend or adopt
4-53 rules in conflict with this subsection.
4-54 SECTION 9. Section 867, Texas Probate Code, is amended to
4-55 read as follows:
4-56 Sec. 867. CREATION OF MANAGEMENT TRUST. On application by
4-57 the guardian of a ward or by a ward's attorney ad litem or an
4-58 incapacitated person's guardian ad litem at any time after the date
4-59 of the ad litem's [attorney's] appointment under Section 646 or
4-60 another provision of this code, the court in which the guardianship
4-61 proceeding is pending may enter an order that creates for the
4-62 ward's or incapacitated person's benefit a trust for the management
4-63 of guardianship funds or funds of the incapacitated person's estate
4-64 if the court finds that the creation of the trust is in the ward's
4-65 or incapacitated person's best interests. The order shall direct
4-66 the guardian or another person to deliver all or part of the assets
4-67 of the guardianship or estate to a trust company or a state or
4-68 national bank that has trust powers in this state. The order shall
4-69 include terms, conditions, and limitations placed on the trust.
5-1 The court shall maintain the trust under the same cause number as
5-2 the guardianship proceeding.
5-3 SECTION 10. Section 885(a), Texas Probate Code, is amended
5-4 to read as follows:
5-5 (a) When the estate or any portion of the estate of a minor
5-6 or other incapacitated person [or any portion of the estate of the
5-7 minor or other incapacitated person] appears in danger of injury,
5-8 loss, or waste and in need of a [guardianship or other]
5-9 representative, but [and] there is no guardian of the estate who is
5-10 qualified in this state and the appointment of a guardian for the
5-11 estate is not necessary to protect the estate [needed], the county
5-12 judge of the county in which the minor or other incapacitated
5-13 person resides or in which the endangered estate is located shall
5-14 enter an order, with or without application, appointing a suitable
5-15 person as receiver to take charge of the estate. The court order
5-16 shall require a receiver appointed under this section to give bond
5-17 as in ordinary receiverships in an amount the judge deems necessary
5-18 to protect the estate. The court order shall specify the duties
5-19 and powers of the receiver as the judge deems necessary for the
5-20 protection, conservation, and preservation of the estate. The
5-21 clerk shall enter an order made under this section on the minutes
5-22 of the court. The person who is appointed as receiver shall make
5-23 and submit a bond for the judge's approval and shall file the bond,
5-24 when approved, with the clerk. The person who is appointed
5-25 receiver shall proceed to take charge of the endangered estate
5-26 pursuant to the powers and duties vested in the person by the order
5-27 of appointment and subsequent orders made by the judge.
5-28 SECTION 11. Part 5, Chapter XIII, Texas Probate Code, is
5-29 amended by adding Subparts G and H to read as follows:
5-30 SUBPART G. INTERSTATE GUARDIANSHIPS
5-31 Sec. 891. TRANSFER OF GUARDIANSHIP TO FOREIGN JURISDICTION.
5-32 (a) A guardian of the person or estate of a ward may apply with
5-33 the court that has jurisdiction over the guardianship to transfer
5-34 the guardianship to a court in a foreign jurisdiction if the ward
5-35 has moved permanently to the foreign jurisdiction.
5-36 (b) Notice of the application to transfer a guardianship
5-37 under this section shall be served personally on the ward and shall
5-38 be given to the foreign court to which the guardianship is to be
5-39 transferred.
5-40 (c) On the court's own motion or on the motion of the ward
5-41 or any interested person, the court shall hold a hearing to
5-42 consider the application to transfer the guardianship.
5-43 (d) The court shall transfer a guardianship to a foreign
5-44 court if the court determines the transfer is in the best interests
5-45 of the ward. The transfer of the guardianship must be made
5-46 contingent on the acceptance of the guardianship in the foreign
5-47 jurisdiction. To facilitate the orderly transfer of the
5-48 guardianship, the court shall coordinate efforts with the
5-49 appropriate foreign court.
5-50 Sec. 892. RECEIPT AND ACCEPTANCE OF FOREIGN GUARDIANSHIP.
5-51 (a) A guardian appointed by a foreign court to represent an
5-52 incapacitated person who is residing in this state or intends to
5-53 move to this state may file an application with a court in which
5-54 the ward resides or intends to reside to have the guardianship
5-55 transferred to the court.
5-56 (b) Notice of the application for receipt and acceptance of
5-57 a foreign guardianship under this section shall be served
5-58 personally on the ward and shall be given to the foreign court from
5-59 which the guardianship is to be transferred.
5-60 (c) If an application for receipt and acceptance of a
5-61 foreign guardianship is filed in two or more courts with
5-62 jurisdiction, the proceeding shall be heard in the court with
5-63 jurisdiction over the application filed on the earliest date if
5-64 venue is otherwise proper in that court. A court that does not
5-65 have venue to hear the application shall transfer the proceeding to
5-66 the proper court.
5-67 (d) In reviewing an application for receipt and acceptance
5-68 of a foreign guardianship, the court should determine:
5-69 (1) that the proposed guardianship is not a collateral
6-1 attack on an existing or proposed guardianship in another
6-2 jurisdiction in this or another state; and
6-3 (2) for a guardianship in which a court in one or more
6-4 states may have jurisdiction, that the application has been filed
6-5 in the court that is best suited to consider the matter.
6-6 (e) On the court's own motion or on the motion of the ward
6-7 or any interested person, the court shall hold a hearing to
6-8 consider the application for receipt and acceptance of a foreign
6-9 guardianship.
6-10 (f) The court shall grant an application for receipt and
6-11 acceptance of a foreign guardianship if the transfer of the
6-12 guardianship from the foreign jurisdiction is in the best interests
6-13 of the ward. In granting an application under this subsection, the
6-14 court shall give full faith and credit to the provisions of the
6-15 foreign guardianship order concerning the determination of the
6-16 ward's incapacity and the rights, powers, and duties of the
6-17 guardian.
6-18 (g) The court shall coordinate efforts with the appropriate
6-19 foreign court to facilitate the orderly transfer of the
6-20 guardianship.
6-21 (h) The denial of an application for receipt and acceptance
6-22 of a guardianship under this section does not affect the right of a
6-23 guardian appointed by a foreign court to file an application to be
6-24 appointed guardian of the incapacitated person under Section 682 of
6-25 this code.
6-26 Sec. 893. REVIEW OF TRANSFERRED GUARDIANSHIP. Not later
6-27 than the 90th day after the date a court grants an application for
6-28 receipt and acceptance of a foreign guardianship under Section 892
6-29 of this code, the court shall hold a hearing to consider modifying
6-30 the administrative procedures or requirements of the transferred
6-31 guardianship in accordance with local and state law.
6-32 SUBPART H. CONTRACTS IN ARTS, ENTERTAINMENT,
6-33 ADVERTISEMENT, AND SPORTS
6-34 Sec. 901. DEFINITIONS. In this subpart:
6-35 (1) "Advertise" means to solicit or induce, through
6-36 print or electronic media, including radio, television, computer,
6-37 or direct mail, to purchase consumer goods or services.
6-38 (2) "Advertisement contract" means a contract under
6-39 which a person is employed or agrees to advertise consumer goods or
6-40 services.
6-41 (3) "Artist" means:
6-42 (A) an actor who performs in a motion picture,
6-43 theatrical, radio, television, or other entertainment production;
6-44 (B) a musician or musical director;
6-45 (C) a director or producer of a motion picture,
6-46 theatrical, radio, television, or other entertainment production;
6-47 (D) a writer;
6-48 (E) a cinematographer;
6-49 (F) a composer, lyricist, or arranger of musical
6-50 compositions;
6-51 (G) a dancer or choreographer of musical
6-52 productions;
6-53 (H) a model; or
6-54 (I) any other individual who renders analogous
6-55 professional services in a motion picture, theatrical, radio,
6-56 television, or other entertainment production.
6-57 (4) "Arts and entertainment contract" means a contract
6-58 under which:
6-59 (A) an artist is employed or agrees to render
6-60 services in a motion picture, theatrical, radio, television, or
6-61 other entertainment production; or
6-62 (B) a person agrees to purchase, secure, sell,
6-63 lease, license, or otherwise dispose of literary, musical, or
6-64 dramatic tangible or intangible property or any rights in that
6-65 property for use in the field of entertainment, including a motion
6-66 picture, television, the production of phonograph records, or
6-67 theater.
6-68 (5) "Consumer goods" means goods that are used or
6-69 bought for use primarily for personal, family, or household
7-1 purposes.
7-2 (6) "Sports contract" means a contract under which an
7-3 athlete is employed or agrees to participate, compete, or engage in
7-4 a sports or athletic activity at a professional or amateur sports
7-5 event or athletic event.
7-6 Sec. 902. APPROVAL OF CERTAIN CONTRACTS OF MINORS; NOT
7-7 VOIDABLE. (a) A court, on petition of a party to the contract,
7-8 may enter an order approving for purposes of this subpart an arts
7-9 and entertainment contract, advertisement contract, or sports
7-10 contract that is entered into by a minor. The court may approve
7-11 the contract only after the party requesting the petition provides
7-12 to the other party to the contract notice of the petition and an
7-13 opportunity to request a hearing in the manner provided by the
7-14 court.
7-15 (b) A proceeding under this section may be brought in the
7-16 county in which:
7-17 (1) the minor resides;
7-18 (2) the minor is employed; or
7-19 (3) a party to the contract has its principal office
7-20 in this state for the transaction of business if the minor does not
7-21 reside and is not employed in this state.
7-22 (c) The approval of a contract under this section extends to
7-23 the contract as a whole and any of the terms and provisions of the
7-24 contract, including any optional or conditional provision in the
7-25 contract relating to the extension or termination of its term.
7-26 (d) A court may withhold approval of a contract under which
7-27 part of the minor's net earnings under the contract will be set
7-28 aside as provided by Section 903 of this code until the guardian of
7-29 the minor executes and files with the court written consent to the
7-30 making of the order.
7-31 (e) An otherwise valid contract approved under this section
7-32 may not be voidable solely on the ground that it was entered into
7-33 by a person during the age of minority.
7-34 Sec. 903. NET EARNINGS OF MINOR; SET ASIDE AND PRESERVATION.
7-35 (a) In this section, "net earnings" means the total amount to be
7-36 received for the services of the minor under the contract less:
7-37 (1) the sum required by law to be paid as taxes to any
7-38 government or governmental agency;
7-39 (2) a reasonable sum to be expended for the support,
7-40 care, maintenance, education, and training of the minor;
7-41 (3) fees and expenses paid in connection with
7-42 procuring the contract or maintaining employment of the minor; and
7-43 (4) attorney's fees for services rendered in
7-44 connection with the contract or any other business of the minor.
7-45 (b) Notwithstanding any other law, the court may require in
7-46 an order approving a contract under Section 902 of this code that a
7-47 portion of the net earnings of the minor under the contract, not to
7-48 exceed one-half of the minor's net earnings, be set aside and
7-49 preserved for the benefit of the minor in a trust created under
7-50 Section 867 of this code or a similar trust created under the laws
7-51 of another state. The amount to be set aside under this subsection
7-52 must be a reasonable amount as determined by the court.
7-53 Sec. 904. GUARDIAN AD LITEM. The court may appoint a
7-54 guardian ad litem for a minor who has entered into an arts and
7-55 entertainment contract, advertisement contract, or sports contract
7-56 if the court finds that appointment of the ad litem would be in the
7-57 best interest of the minor.
7-58 SECTION 12. The change in law made by this Act to Section
7-59 745(c), Texas Probate Code, applies only to an application to close
7-60 a guardianship filed on or after the effective date of this Act.
7-61 An application to close a guardianship filed before the effective
7-62 date of this Act is governed by the law in effect on the date on
7-63 which the application was filed, and the former law is continued in
7-64 effect for that purpose.
7-65 SECTION 13. Sections 760A and 760B, Texas Probate Code, as
7-66 added by this Act, apply only to a change in designation of or a
7-67 resignation of a resident agent made on or after the effective date
7-68 of this Act. A change in designation of or the resignation of a
7-69 resident agent made before the effective date of this Act is
8-1 governed by the law in effect when the change in designation of or
8-2 the resignation of the resident agent occurred, and the former law
8-3 is continued in effect for that purpose.
8-4 SECTION 14. The changes in law made by this Act to Sections
8-5 687(b) and 786(a), Texas Probate Code, and by Section 784(e), Texas
8-6 Probate Code, as added by this Act, apply only to an application
8-7 for the appointment of a guardian that is filed on or after the
8-8 effective date of this Act. An application for the appointment of
8-9 a guardian that is filed before the effective date of this Act is
8-10 governed by the law in effect on the date the application was
8-11 filed, and that law is continued in effect for that purpose.
8-12 SECTION 15. (a) The change in law made by this Act to
8-13 Section 761, Texas Probate Code, applies only to a motion or
8-14 complaint for the removal of a joint guardian made or filed after
8-15 the effective date of this Act.
8-16 (b) A motion or complaint for the removal of a joint
8-17 guardian made or filed before the effective date of this Act is
8-18 covered by the law in effect when the motion or complaint was made
8-19 or filed, and the former law is continued in effect for that
8-20 purpose.
8-21 SECTION 16. This Act takes effect September 1, 1999.
8-22 SECTION 17. The importance of this legislation and the
8-23 crowded condition of the calendars in both houses create an
8-24 emergency and an imperative public necessity that the
8-25 constitutional rule requiring bills to be read on three several
8-26 days in each house be suspended, and this rule is hereby suspended.
8-27 * * * * *