Amend HB 1132 on third reading as follows:
      (1)  Strike SECTIONS 4 and 5 of the bill (amending Sections
676(d) and 677(b), Texas Probate Code, respectively) and substitute
new SECTIONS 4 and 5 of the bill to read as follows:
      SECTION 4. Section 676, Texas Probate Code, is amended by
amending Subsection (d) and adding Subsections (e)-(g) to read as
follows:
      (d)  Notwithstanding Subsection (b) of this section and
Section 690 of this code, the <The> surviving parent of a minor may
by will or written declaration appoint any eligible person to be
guardian of the person of the parent's minor children after the
death of the parent or in the event of the parent's incapacity.
      (e)  After the death of the surviving parent of a minor or if
the court finds the surviving parent is an incapacitated person, as
appropriate <Unless the court finds that the person designated in
the will or declaration to serve as guardian of the person of the
parent's minor children is disqualified, is dead, refuses to serve,
or would not serve the best interests of the minor children>, the
court shall appoint the person designated in the will or
declaration to serve as guardian of the person of the parent's
minor children in preference to those otherwise entitled to serve
as guardian under this chapter unless the court finds that the
designated guardian is disqualified, is dead, refuses to serve, or
would not serve the best interests of the minor children.
      (f)  On compliance with this code, an eligible person is also
entitled to be appointed guardian of the children's estates after
the death of the parent or in the event of the parent's incapacity.
      (g)  The powers of a person appointed to serve as the
designated guardian of the person or estate, or both, of a minor
child solely because of the incapacity of the minor's surviving
parent and in accordance with this section and Section 677A of this
code terminate when a probate court enters an order finding that
the surviving parent is no longer an incapacitated person.
      SECTION 5. Section 677, Texas Probate Code, is amended by
amending Subsection (b) and adding Subsections (c)-(e) to read as
follows:
      (b)  The surviving parent of an adult individual who is an
incapacitated person<, because of a physical or mental condition,
is substantially unable to provide food, clothing, or shelter for
himself or herself, to care for the individual's own physical
health, or to manage the individual's own financial affairs,> may
by will or written declaration appoint an eligible person to be
guardian of the person of the adult individual after the parent's
death or in the event of the parent's incapacity if the parent is
the guardian of the person of the adult individual.
      (c)  After the death of the surviving parent of an adult
individual who is an incapacitated person or if the court finds the
surviving parent becomes an incapacitated person after being
appointed the individual's guardian, as appropriate <Unless the
court finds that the person designated in the will or declaration
to serve as guardian is disqualified, is dead, refuses to serve, or
would not serve the best interests of the adult individual>, the
court shall appoint the person designated in the will or
declaration to serve as guardian in preference to those otherwise
entitled to serve as guardian under this chapter unless the court
finds that the designated guardian is disqualified, is dead,
refuses to serve, or would not serve the best interests of the
adult individual.
      (d)  On compliance with this code, the eligible person
appointed under this subsection is also entitled to be appointed
guardian of the adult individual's estate after the death of the
individual's parent or in the event of the parent's incapacity if
the individual's parent is the guardian of the individual's estate.
      (e)  The powers of a person appointed to serve as the
designated guardian of the person or estate, or both, of an adult
individual solely because of the incapacity of the individual's
surviving parent and in accordance with this section and Section
677A of this code terminate when a probate court enters an order
finding that the surviving parent is no longer an incapacitated
person and reappointing the surviving parent as the individual's
guardian.
      (2)  In SECTION 30 of this bill, strike "The changes in law
made by this Act to Sections 676(d) and 677(b), Texas Probate
Code," and substitute "The changes in law made by this Act to
Sections 676 and 677, Texas Probate Code,".