1-1 By: Naishtat (Senate Sponsor - Zaffirini) H.B. No. 2795
1-2 (In the Senate - Received from the House May 11, 1999;
1-3 May 12, 1999, read first time and referred to Committee on
1-4 Jurisprudence; May 13, 1999, rereferred to Committee on Human
1-5 Services; May 14, 1999, reported favorably by the following vote:
1-6 Yeas 5, Nays 0; May 14, 1999, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to notice and hearing for the appointment of a guardian
1-10 for incapacitated persons.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Sections 633(b) and (c), Texas Probate Code, are
1-13 amended to read as follows:
1-14 (b) The court clerk shall issue a citation stating that the
1-15 application for guardianship was filed, the name of the proposed
1-16 ward, [and] the name of the applicant, and the name of the person
1-17 to be appointed guardian as provided in the application, if that
1-18 person is not the applicant. The citation must cite all persons
1-19 interested in the welfare of the proposed ward to appear at the
1-20 time and place stated in the notice if they wish to contest the
1-21 application. The citation shall be posted.
1-22 (c) The sheriff or other officer shall personally serve
1-23 citation to appear and answer the application for guardianship on:
1-24 (1) a proposed ward who is 12 years of age or older;
1-25 (2) the parents of a proposed ward if the whereabouts
1-26 of the parents are known or can be reasonably ascertained;
1-27 (3) any court-appointed conservator or person having
1-28 control of the care and welfare of the proposed ward;
1-29 (4) a proposed ward's spouse; [and]
1-30 (5) an attorney ad litem or guardian ad litem
1-31 appointed to represent the interests of a missing person; and
1-32 (6) the person named in the application to be
1-33 appointed guardian, if that person is not the applicant.
1-34 SECTION 2. Sections 875(e) and (f), Texas Probate Code, are
1-35 amended to read as follows:
1-36 (e) On the filing of an application for temporary
1-37 guardianship, the clerk shall issue notice that shall be served on
1-38 the respondent, [and] the respondent's appointed attorney, and the
1-39 proposed temporary guardian named in the application, if that
1-40 person is not the applicant. The notice must describe the rights
1-41 of the parties and the date, time, place, purpose, and possible
1-42 consequences of a hearing on the application. A copy of the
1-43 application and, if applicable, a copy of the order appointing the
1-44 temporary guardian must be attached to the notice.
1-45 (f)(1) A hearing shall be held not later than the 10th day
1-46 after the date of the filing of the application for temporary
1-47 guardianship unless the hearing date is extended as provided by
1-48 Subdivision (2) of this subsection. At a hearing under this
1-49 section, the respondent has the right to:
1-50 (A) receive prior notice;
1-51 (B) have representation by counsel;
1-52 (C) be present;
1-53 (D) present evidence and confront and
1-54 cross-examine witnesses; and
1-55 (E) a closed hearing if requested by the
1-56 respondent or the respondent's attorney.
1-57 (2) Every temporary guardianship granted before a
1-58 hearing on the application required by Subdivision (1) of this
1-59 subsection expires on its own terms at the conclusion of the
1-60 hearing unless the respondent or the respondent's attorney consents
1-61 that the order appointing the temporary guardian may be extended
1-62 for a longer period not to exceed 60 days after the date of the
1-63 filing of the application for temporary guardianship.
1-64 (3) Every temporary guardianship granted before a
2-1 hearing on the application required by Subdivision (1) of this
2-2 subsection shall be set for hearing at the earliest possible date
2-3 and takes precedence over all matters except older matters of the
2-4 same character.
2-5 (4) Every temporary guardianship granted before a
2-6 hearing on the application required by Subdivision (1) of this
2-7 subsection must include an order that sets a certain date for
2-8 hearing on the application for temporary guardianship.
2-9 (5) On one day's notice to the party who obtained a
2-10 temporary guardianship before a hearing on the application required
2-11 by Subdivision (1) of this subsection, the respondent or the
2-12 respondent's attorney may appear and move for the dissolution or
2-13 modification of the temporary guardianship. If a motion is made
2-14 for dissolution or modification of the temporary guardianship, the
2-15 court shall hear and determine the motion as expeditiously as the
2-16 ends of justice require.
2-17 (6) If the applicant is not the proposed temporary
2-18 guardian, a temporary guardianship may not be granted before a
2-19 hearing on the application required by Subdivision (1) of this
2-20 subsection unless the proposed temporary guardian appears in court.
2-21 SECTION 3. (a) This Act takes effect September 1, 1999, and
2-22 applies only to a proceeding for the appointment of a guardian
2-23 instituted on or after the effective date of this Act.
2-24 (b) A proceeding for the appointment of a guardian
2-25 instituted before the effective date of this Act is governed by the
2-26 law in effect on the date on which the proceeding was instituted,
2-27 and the former law is continued in effect for that purpose.
2-28 SECTION 4. The importance of this legislation and the
2-29 crowded condition of the calendars in both houses create an
2-30 emergency and an imperative public necessity that the
2-31 constitutional rule requiring bills to be read on three several
2-32 days in each house be suspended, and this rule is hereby suspended.
2-33 * * * * *