76R8418 CLG-D By Naishtat H.B. No. 2166 Substitute the following for H.B. No. 2166: By Thompson C.S.H.B. No. 2166 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.