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.
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