1-1 AN ACT 1-2 relating to the appointment of a guardian for certain incapacitated 1-3 minors. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subpart A, Part 3, Chapter XIII, Texas Probate 1-6 Code, is amended by adding Section 682A to read as follows: 1-7 Sec. 682A. APPLICATION FOR APPOINTMENT OF GUARDIAN FOR 1-8 CERTAIN PERSONS. (a) If a minor is a person who, because of 1-9 incapacity, will require a guardianship after the ward is no longer 1-10 a minor, a person may file an application under Section 682 of this 1-11 code for the appointment of a guardian of the person and/or the 1-12 estate of the proposed ward not earlier than the 60th day before 1-13 the proposed ward's 18th birthday. 1-14 (b) Notwithstanding Section 694(b) of this code, the 1-15 guardianship of the person of a minor who is the subject of an 1-16 application for the appointment of a guardian of the person filed 1-17 under Subsection (a) of this section is settled and closed when: 1-18 (1) the court, after a hearing on the application, 1-19 determines that the appointment of a guardian of the person for the 1-20 proposed ward is not necessary; or 1-21 (2) the guardian appointed by the court after a 1-22 hearing on the application has qualified under Section 699 of this 1-23 code. 1-24 SECTION 2. (a) This Act takes effect September 1, 1999, and 2-1 applies only to an application for the appointment of a guardian 2-2 filed on or after the effective date of this Act. 2-3 (b) An application for the appointment of a guardian filed 2-4 before the effective date of this Act is governed by the law in 2-5 effect on the date the application was filed, and the former law is 2-6 continued in effect for that purpose. 2-7 SECTION 3. The importance of this legislation and the 2-8 crowded condition of the calendars in both houses create an 2-9 emergency and an imperative public necessity that the 2-10 constitutional rule requiring bills to be read on three several 2-11 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2164 was passed by the House on May 8, 1999, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 2164 was passed by the Senate on May 26, 1999, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor