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 * * * * *