SRC-JBJ S.B. 869 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 869
77R7345 MTB-DBy: Lindsay
Jurisprudence
4/11/2001
As Filed


DIGEST AND PURPOSE 

Under current Texas law, guardians may be appointed for incapacitated
persons or persons who need assistance in making decisions concerning their
own welfare or financial affairs.  Although a proposed ward is found to be
in need of a guardian by the court investigators at the time a guardianship
referral is made, the actual guardianship can take several months to
establish, placing some wards in undue and unnecessary risk.  As proposed,
S.B. 869 amends the Texas Probate Code to require service by the sheriff or
other officer on the spouse of a proposed ward to be made only if the
whereabouts of the spouse are known or can be reasonably ascertained. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 633(c), Texas Probate Code, to require the
sheriff or other officer to personally serve citation to appear and answer
the application for guardianship on a proposed ward's spouse if the
whereabouts of the spouse are known or can be reasonably ascertained. 

SECTION 2.  Makes application of this Act prospective. 

SECTION 3.  Effective date: September 1, 2001.