By Naishtat                                           H.B. No. 2166
         76R8418 CLG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the appointment of successor guardians for wards of
 1-3     guardianship programs or governmental entities serving as
 1-4     guardians.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subpart A, Part 3, Chapter XIII, Texas Probate
 1-7     Code, is amended by adding Section 695A to read as follows:
 1-8           Sec. 695A.  SUCCESSOR GUARDIANS FOR WARDS OF GUARDIANSHIP
 1-9     PROGRAMS OR GOVERNMENTAL ENTITIES.  (a)  If a guardianship program
1-10     or governmental entity serving as a guardian for a ward under this
1-11     chapter becomes aware of a family member or friend of the ward or
1-12     any other interested person who is willing and able to serve as the
1-13     ward's successor guardian, the program or entity shall notify the
1-14     court in which the guardianship is pending of the individual's
1-15     willingness and ability.
1-16           (b)  When the court is notified of the existence of a
1-17     proposed successor guardian under Subsection (a) of this section or
1-18     the court otherwise becomes aware of a family member, friend, or
1-19     any other interested person who is willing and able to serve as a
1-20     successor guardian for a ward of a guardianship program or
1-21     governmental entity, the court shall determine whether the proposed
1-22     successor guardian is qualified to serve under this chapter as the
1-23     ward's successor guardian.
1-24           (c)  If the court finds under Subsection (b) of this section
 2-1     that the proposed successor guardian for a ward is not disqualified
 2-2     from being appointed as the ward's successor guardian under Section
 2-3     681 of this code and that the appointment is in the ward's best
 2-4     interests, the guardianship program or governmental entity serving
 2-5     as the ward's guardian or the court, on the court's own motion, may
 2-6     file an application to appoint the individual as the ward's
 2-7     successor guardian.  Service of notice on an application filed
 2-8     under this subsection shall be made as directed by the court.
 2-9           SECTION 2.  This Act takes effect September 1, 1999.
2-10           SECTION 3.  The importance of this legislation and the
2-11     crowded condition of the calendars in both houses create an
2-12     emergency and an imperative public necessity that the
2-13     constitutional rule requiring bills to be read on three several
2-14     days in each house be suspended, and this rule is hereby suspended.