1-1     By:  Naishtat (Senate Sponsor - Moncrief)             H.B. No. 2166
 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 successor guardians for wards of
 1-9     guardianship programs or governmental entities serving as
1-10     guardians.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subpart A, Part 3, Chapter XIII, Texas Probate
1-13     Code, is amended by adding Section 695A to read as follows:
1-14           Sec. 695A.  SUCCESSOR GUARDIANS FOR WARDS OF GUARDIANSHIP
1-15     PROGRAMS OR GOVERNMENTAL ENTITIES.  (a)  If a guardianship program
1-16     or governmental entity serving as a guardian for a ward under this
1-17     chapter becomes aware of a family member or friend of the ward or
1-18     any other interested person who is willing and able to serve as the
1-19     ward's successor guardian, the program or entity shall notify the
1-20     court in which the guardianship is pending of the individual's
1-21     willingness and ability.
1-22           (b)  When the court is notified of the existence of a
1-23     proposed successor guardian under Subsection (a) of this section or
1-24     the court otherwise becomes aware of a family member, friend, or
1-25     any other interested person who is willing and able to serve as a
1-26     successor guardian for a ward of a guardianship program or
1-27     governmental entity, the court shall determine whether the proposed
1-28     successor guardian is qualified to serve under this chapter as the
1-29     ward's successor guardian.
1-30           (c)  If the court finds under Subsection (b) of this section
1-31     that the proposed successor guardian for a ward is not disqualified
1-32     from being appointed as the ward's successor guardian under Section
1-33     681 of this code and that the appointment is in the ward's best
1-34     interests, the guardianship program or governmental entity serving
1-35     as the ward's guardian or the court, on the court's own motion, may
1-36     file an application to appoint the individual as the ward's
1-37     successor guardian.  Service of notice on an application filed
1-38     under this subsection shall be made as directed by the court.
1-39           SECTION 2.  This Act takes effect September 1, 1999.
1-40           SECTION 3.  The importance of this legislation and the
1-41     crowded condition of the calendars in both houses create an
1-42     emergency and an imperative public necessity that the
1-43     constitutional rule requiring bills to be read on three several
1-44     days in each house be suspended, and this rule is hereby suspended.
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