1-1 By: Naishtat (Senate Sponsor - Wentworth) H.B. No. 3338 1-2 (In the Senate - Received from the House April 26, 1999; 1-3 April 27, 1999, read first time and referred to Committee on 1-4 Jurisprudence; May 11, 1999, reported favorably by the following 1-5 vote: Yeas 3, Nays 0; May 11, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to a waiver of the bond requirement for certain guardians 1-9 of children. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Section 702(c), Texas Probate Code, is amended to 1-12 read as follows: 1-13 (c) When a will that is made by a surviving parent and is 1-14 probated in a court in this state or a written declaration that is 1-15 made by a surviving parent directs that the guardian appointed in 1-16 the will or declaration serve without bond, the court finding that 1-17 the person is qualified shall issue letters of guardianship of the 1-18 person to the person named to be appointed guardian in the will or 1-19 declaration without requirement of bond. The court may not waive 1-20 the requirement of a bond for the guardian of the estate of a ward, 1-21 regardless of whether a surviving parent's will or declaration 1-22 directs the court to waive the bond. 1-23 SECTION 2. Section 677A(e), Texas Probate Code, is amended 1-24 to read as follows: 1-25 (e) A declaration and affidavit may be in any form adequate 1-26 to clearly indicate the declarant's intention to designate a 1-27 guardian for the declarant's child. The following form may, but 1-28 need not, be used: 1-29 DECLARATION OF APPOINTMENT OF GUARDIAN FOR 1-30 MY CHILDREN IN THE EVENT OF MY DEATH 1-31 I, __________, make this Declaration to appoint as guardian 1-32 for my child or children, listed as follows, in the event of my 1-33 death: 1-34 ________________________________ ________________________________ 1-35 ________________________________ ________________________________ 1-36 ________________________________ ________________________________ 1-37 (add blanks as appropriate) 1-38 I designate __________ to serve as guardian of the person of 1-39 my (child or children), __________ as first alternate guardian of 1-40 the person of my (child or children), __________ as second 1-41 alternate guardian of the person of my (child or children), and 1-42 __________ as third alternate guardian of the person of my (child 1-43 or children). 1-44 I direct that the guardian of the person of my (child or 1-45 children) serve (with or without) bond. 1-46 (If applicable) I designate __________ to serve as guardian 1-47 of the estate of my (child or children), __________ as first 1-48 alternate guardian of the estate of my (child or children), 1-49 __________ as second alternate guardian of the estate of my (child 1-50 or children), and __________ as third alternate guardian of the 1-51 estate of my (child or children). 1-52 If any guardian or alternate guardian dies, does not qualify, 1-53 or resigns, the next named alternate guardian becomes guardian of 1-54 my (child or children). 1-55 Signed this __________ day of __________, 19___. 1-56 ________________________________ 1-57 Declarant 1-58 ________________________________ ________________________________ 1-59 Witness Witness 1-60 SELF-PROVING AFFIDAVIT 1-61 Before me, the undersigned authority, on this date personally 1-62 appeared the declarant, and ____________ and ____________ as 1-63 witnesses, and all being duly sworn, the declarant said that the 1-64 above instrument was his or her Declaration of Appointment of 2-1 Guardian for the Declarant's Children in the Event of Declarant's 2-2 Death and that the declarant had made and executed it for the 2-3 purposes expressed in the declaration. The witnesses declared to 2-4 me that they are each 14 years of age or older, that they saw the 2-5 declarant sign the declaration, that they signed the declaration as 2-6 witnesses, and that the declarant appeared to them to be of sound 2-7 mind. 2-8 ______________________________ 2-9 Declarant 2-10 ________________________________ ________________________________ 2-11 Affiant Affiant 2-12 Subscribed and sworn to before me by the above named 2-13 declarant and affiants on this ____ day of __________, 19___. 2-14 ___________________________________________ 2-15 Notary Public in and for the State of Texas 2-16 My Commission expires: 2-17 ___________________________________________ 2-18 SECTION 3. This Act takes effect September 1, 1999, and the 2-19 change in law made by this Act applies only to a written 2-20 declaration for the appointment of a guardian that is executed on 2-21 or after the effective date of this Act. A written declaration for 2-22 the appointment of a guardian that is executed before the effective 2-23 date of this Act is governed by the law as it existed immediately 2-24 before the effective date of this Act, and that law is continued in 2-25 effect for that purpose. 2-26 SECTION 4. The importance of this legislation and the 2-27 crowded condition of the calendars in both houses create an 2-28 emergency and an imperative public necessity that the 2-29 constitutional rule requiring bills to be read on three several 2-30 days in each house be suspended, and this rule is hereby suspended. 2-31 * * * * *