1-1     By:  Naishtat (Senate Sponsor - Moncrief)             H.B. No. 2164
 1-2           (In the Senate - Received from the House May 10, 1999;
 1-3     May 10, 1999, read first time and referred to Committee on
 1-4     Jurisprudence; May 14, 1999, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the appointment of a guardian for certain incapacitated
 1-9     minors.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subpart A, Part 3, Chapter XIII, Texas Probate
1-12     Code, is amended by adding Section 682A to read as follows:
1-13           Sec. 682A.  APPLICATION FOR APPOINTMENT OF GUARDIAN FOR
1-14     CERTAIN PERSONS.  (a)  If a minor is a person who, because of
1-15     incapacity, will require a guardianship after the ward is no longer
1-16     a minor, a person may file an application under Section 682 of this
1-17     code for the appointment of a guardian of the person and/or the
1-18     estate of the proposed ward not earlier than the 60th day before
1-19     the proposed ward's 18th birthday.
1-20           (b)  Notwithstanding Section 694(b) of this code, the
1-21     guardianship of the person of a minor who is the subject of an
1-22     application for the appointment of a guardian of the person filed
1-23     under Subsection (a) of this section is settled and closed when:
1-24                 (1)  the court, after a hearing on the application,
1-25     determines that the appointment of a guardian of the person for the
1-26     proposed ward is not necessary; or
1-27                 (2)  the guardian appointed by the court after a
1-28     hearing on the application has qualified under Section 699 of this
1-29     code.
1-30           SECTION 2.  (a)  This Act takes effect September 1, 1999, and
1-31     applies only to an application for the appointment of a guardian
1-32     filed on or after the effective date of this Act.
1-33           (b)  An application for the appointment of a guardian filed
1-34     before the effective date of this Act is governed by the law in
1-35     effect on the date the application was filed, and the former law is
1-36     continued in effect for that purpose.
1-37           SECTION 3.  The importance of this legislation and the
1-38     crowded condition of the calendars in both houses create an
1-39     emergency and an imperative public necessity that the
1-40     constitutional rule requiring bills to be read on three several
1-41     days in each house be suspended, and this rule is hereby suspended.
1-42                                  * * * * *