By Naishtat                                           H.B. No. 2164
         76R3813 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the appointment of a guardian for a person with severe
 1-3     or profound mental retardation.
 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 A GUARDIAN FOR
 1-8     CERTAIN PERSONS.  (a)  If a minor is a person who, because of
 1-9     severe and profound mental retardation, requires a guardianship
1-10     after the ward is no longer a minor, a person may file an
1-11     application under Section 682 of this code for the appointment of a
1-12     guardian of the person or estate, or both, of the proposed ward not
1-13     earlier than the 61st day before the proposed ward's 18th birthday.
1-14           (b)  Notwithstanding Sections 694(b) and 745(a) of this code,
1-15     the guardianship of a minor who is the subject of an application
1-16     for the appointment of a guardian filed under Subsection (a) of
1-17     this section is settled and closed when the court makes a final
1-18     determination regarding the application.
1-19           SECTION 2.  (a)  This Act takes effect September 1, 1999, and
1-20     applies only to an application for the appointment of a guardian
1-21     filed on or after the effective date of this Act.
1-22           (b)  An application for the appointment of a guardian filed
1-23     before the effective date of this Act is governed by the law in
1-24     effect on the date the application was filed, and the former law is
 2-1     continued in effect for that purpose.
 2-2           SECTION 3.  The importance of this legislation and the
 2-3     crowded condition of the calendars in both houses create an
 2-4     emergency and an imperative public necessity that the
 2-5     constitutional rule requiring bills to be read on three several
 2-6     days in each house be suspended, and this rule is hereby suspended.