By Maxey H.B. No. 2716
77R3972 CLG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to an application for the appointment of a guardian for
1-3 certain incapacitated minors.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 682A(a), Texas Probate Code, is amended to
1-6 read as follows:
1-7 (a) If a minor is a person who, because of incapacity, will
1-8 require a guardianship after the ward is no longer a minor, a
1-9 person may file an application under Section 682 of this code for
1-10 the appointment of a guardian of the person or [and/or] the estate,
1-11 or both, of the proposed ward not earlier than the 180th [60th] day
1-12 before the proposed ward's 18th birthday. If the application is
1-13 heard before the proposed ward's 18th birthday, a guardianship
1-14 created under this section may not take effect and the person
1-15 appointed guardian may not give a bond or take the oath as required
1-16 under Section 700 or 702 of this code until the proposed ward's
1-17 18th birthday.
1-18 SECTION 2. Section 701, Texas Probate Code, is amended to
1-19 read as follows:
1-20 Sec. 701. TIME FOR TAKING OATH AND GIVING BOND. Except as
1-21 provided by Section 682A(a) of this code, the [The] oath of a
1-22 guardian may be taken and subscribed, or the bond of a guardian may
1-23 be given and approved, at any time before the expiration of the
1-24 20th day after the date of the order granting letters of
2-1 guardianship, or before the letters have been revoked for a failure
2-2 to qualify within the time allowed. An oath may be taken before
2-3 any person authorized to administer oaths under the laws of this
2-4 state.
2-5 SECTION 3. This Act takes effect September 1, 2001, and
2-6 applies only to an application for the appointment of a guardian
2-7 filed on or after that date. An application for the appointment of
2-8 a guardian filed before September 1, 2001, is governed by the law
2-9 in effect on the date the application was filed, and the former law
2-10 is continued in effect for that purpose.