1-1 AN ACT 1-2 relating to a waiver of the bond requirement for certain guardians 1-3 of children. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 702(c), Texas Probate Code, is amended to 1-6 read as follows: 1-7 (c) When a will that is made by a surviving parent and is 1-8 probated in a court in this state or a written declaration that is 1-9 made by a surviving parent directs that the guardian appointed in 1-10 the will or declaration serve without bond, the court finding that 1-11 the person is qualified shall issue letters of guardianship of the 1-12 person to the person named to be appointed guardian in the will or 1-13 declaration without requirement of bond. The court may not waive 1-14 the requirement of a bond for the guardian of the estate of a ward, 1-15 regardless of whether a surviving parent's will or declaration 1-16 directs the court to waive the bond. 1-17 SECTION 2. Section 677A(e), Texas Probate Code, is amended 1-18 to read as follows: 1-19 (e) A declaration and affidavit may be in any form adequate 1-20 to clearly indicate the declarant's intention to designate a 1-21 guardian for the declarant's child. The following form may, but 1-22 need not, be used: 2-1 DECLARATION OF APPOINTMENT OF GUARDIAN FOR 2-2 MY CHILDREN IN THE EVENT OF MY DEATH 2-3 I, __________, make this Declaration to appoint as guardian 2-4 for my child or children, listed as follows, in the event of my 2-5 death: 2-6 ________________________________ ________________________________ 2-7 ________________________________ ________________________________ 2-8 ________________________________ ________________________________ 2-9 (add blanks as appropriate) 2-10 I designate __________ to serve as guardian of the person of 2-11 my (child or children), __________ as first alternate guardian of 2-12 the person of my (child or children), __________ as second 2-13 alternate guardian of the person of my (child or children), and 2-14 __________ as third alternate guardian of the person of my (child 2-15 or children). 2-16 I direct that the guardian of the person of my (child or 2-17 children) serve (with or without) bond. 2-18 (If applicable) I designate __________ to serve as guardian 2-19 of the estate of my (child or children), __________ as first 2-20 alternate guardian of the estate of my (child or children), 2-21 __________ as second alternate guardian of the estate of my (child 2-22 or children), and __________ as third alternate guardian of the 2-23 estate of my (child or children). 2-24 If any guardian or alternate guardian dies, does not qualify, 2-25 or resigns, the next named alternate guardian becomes guardian of 2-26 my (child or children). 2-27 Signed this __________ day of __________, 19___. 3-1 ________________________________ 3-2 Declarant 3-3 ________________________________ ________________________________ 3-4 Witness Witness 3-5 SELF-PROVING AFFIDAVIT 3-6 Before me, the undersigned authority, on this date personally 3-7 appeared the declarant, and ____________ and ____________ as 3-8 witnesses, and all being duly sworn, the declarant said that the 3-9 above instrument was his or her Declaration of Appointment of 3-10 Guardian for the Declarant's Children in the Event of Declarant's 3-11 Death and that the declarant had made and executed it for the 3-12 purposes expressed in the declaration. The witnesses declared to 3-13 me that they are each 14 years of age or older, that they saw the 3-14 declarant sign the declaration, that they signed the declaration as 3-15 witnesses, and that the declarant appeared to them to be of sound 3-16 mind. 3-17 ______________________________ 3-18 Declarant 3-19 ________________________________ ________________________________ 3-20 Affiant Affiant 3-21 Subscribed and sworn to before me by the above named 3-22 declarant and affiants on this ____ day of __________, 19___. 3-23 ___________________________________________ 3-24 Notary Public in and for the State of Texas 3-25 My Commission expires: 3-26 ___________________________________________ 3-27 SECTION 3. This Act takes effect September 1, 1999, and the 4-1 change in law made by this Act applies only to a written 4-2 declaration for the appointment of a guardian that is executed on 4-3 or after the effective date of this Act. A written declaration for 4-4 the appointment of a guardian that is executed before the effective 4-5 date of this Act is governed by the law as it existed immediately 4-6 before the effective date of this Act, and that law is continued in 4-7 effect for that purpose. 4-8 SECTION 4. The importance of this legislation and the 4-9 crowded condition of the calendars in both houses create an 4-10 emergency and an imperative public necessity that the 4-11 constitutional rule requiring bills to be read on three several 4-12 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 3338 was passed by the House on April 23, 1999, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 3338 was passed by the Senate on May 20, 1999, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor