By Naishtat H.B. No. 2795
76R7243 KLA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notice and hearing for the appointment of a guardian
1-3 for incapacitated persons.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 633(b) and (c), Texas Probate Code, are
1-6 amended to read as follows:
1-7 (b) The court clerk shall issue a citation stating that the
1-8 application for guardianship was filed, the name of the proposed
1-9 ward, [and] the name of the applicant, and the name of the person
1-10 to be appointed guardian as provided in the application, if that
1-11 person is not the applicant. The citation must cite all persons
1-12 interested in the welfare of the proposed ward to appear at the
1-13 time and place stated in the notice if they wish to contest the
1-14 application. The citation shall be posted.
1-15 (c) The sheriff or other officer shall personally serve
1-16 citation to appear and answer the application for guardianship on:
1-17 (1) a proposed ward who is 12 years of age or older;
1-18 (2) the parents of a proposed ward if the whereabouts
1-19 of the parents are known or can be reasonably ascertained;
1-20 (3) any court-appointed conservator or person having
1-21 control of the care and welfare of the proposed ward;
1-22 (4) a proposed ward's spouse; [and]
1-23 (5) an attorney ad litem or guardian ad litem
1-24 appointed to represent the interests of a missing person; and
2-1 (6) the person named in the application to be
2-2 appointed guardian, if that person is not the applicant.
2-3 SECTION 2. Sections 875(e) and (f), Texas Probate Code, are
2-4 amended to read as follows:
2-5 (e) On the filing of an application for temporary
2-6 guardianship, the clerk shall issue notice that shall be served on
2-7 the respondent, [and] the respondent's appointed attorney, and the
2-8 proposed temporary guardian named in the application, if that
2-9 person is not the applicant. The notice must describe the rights
2-10 of the parties and the date, time, place, purpose, and possible
2-11 consequences of a hearing on the application. A copy of the
2-12 application and, if applicable, a copy of the order appointing the
2-13 temporary guardian must be attached to the notice.
2-14 (f)(1) A hearing shall be held not later than the 10th day
2-15 after the date of the filing of the application for temporary
2-16 guardianship unless the hearing date is extended as provided by
2-17 Subdivision (2) of this subsection. At a hearing under this
2-18 section, the respondent has the right to:
2-19 (A) receive prior notice;
2-20 (B) have representation by counsel;
2-21 (C) be present;
2-22 (D) present evidence and confront and
2-23 cross-examine witnesses; and
2-24 (E) a closed hearing if requested by the
2-25 respondent or the respondent's attorney.
2-26 (2) Every temporary guardianship granted before a
2-27 hearing on the application required by Subdivision (1) of this
3-1 subsection expires on its own terms at the conclusion of the
3-2 hearing unless the respondent or the respondent's attorney consents
3-3 that the order appointing the temporary guardian may be extended
3-4 for a longer period not to exceed 60 days after the date of the
3-5 filing of the application for temporary guardianship.
3-6 (3) Every temporary guardianship granted before a
3-7 hearing on the application required by Subdivision (1) of this
3-8 subsection shall be set for hearing at the earliest possible date
3-9 and takes precedence over all matters except older matters of the
3-10 same character.
3-11 (4) Every temporary guardianship granted before a
3-12 hearing on the application required by Subdivision (1) of this
3-13 subsection must include an order that sets a certain date for
3-14 hearing on the application for temporary guardianship.
3-15 (5) On one day's notice to the party who obtained a
3-16 temporary guardianship before a hearing on the application required
3-17 by Subdivision (1) of this subsection, the respondent or the
3-18 respondent's attorney may appear and move for the dissolution or
3-19 modification of the temporary guardianship. If a motion is made
3-20 for dissolution or modification of the temporary guardianship, the
3-21 court shall hear and determine the motion as expeditiously as the
3-22 ends of justice require.
3-23 (6) If the applicant is not the proposed temporary
3-24 guardian, a temporary guardianship may not be granted before a
3-25 hearing on the application required by Subdivision (1) of this
3-26 subsection unless the proposed temporary guardian appears in court.
3-27 SECTION 3. (a) This Act takes effect September 1, 1999, and
4-1 applies only to a proceeding for the appointment of a guardian
4-2 instituted on or after the effective date of this Act.
4-3 (b) A proceeding for the appointment of a guardian
4-4 instituted before the effective date of this Act is governed by the
4-5 law in effect on the date on which the proceeding was instituted,
4-6 and the former law is continued in effect for that purpose.
4-7 SECTION 4. The importance of this legislation and the
4-8 crowded condition of the calendars in both houses create an
4-9 emergency and an imperative public necessity that the
4-10 constitutional rule requiring bills to be read on three several
4-11 days in each house be suspended, and this rule is hereby suspended.