By Naishtat H.B. No. 3338
76R1789 BDH-D
A BILL TO BE ENTITLED
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.