SRC-JLB H.B. 1985 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1985
78R13758 KLA-FBy: Casteel (Wentworth)
Jurisprudence
5/17/2003
Engrossed


DIGEST AND PURPOSE 

The current Texas Probate Code, unlike the Family Code, does not provide
for the immunity of a guardian ad litem for ordinary negligence.  H.B.
1985 provides for the immunity of a guardian ad litem for ordinary
negligence in certain circumstances. 

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 Subpart E, Part 2, Chapter XIII, Texas Probate Code, by
adding Section 645A, as follows: 
 
Sec. 645A.  IMMUNITY.  (a)  Provides that a guardian ad litem appointed
under Section 645, 683, or 694A of this code to represent the interests of
an incapacitated person in a guardianship proceeding involving the
creation, modification, or termination of a guardianship is not liable for
civil damages arising from a recommendation made or an opinion given in
the capacity of guardian ad litem. 
 
(b)  Provides that Subsection (a) of this section does not apply to
certain recommendations or opinions. 

SECTION 2.  Provides that this Act applies only to guardianship
proceedings for which a court has appointed a guardian ad litem to
represent the interests of an incapacitated person on or after the
effective date of this Act or before the effective date of this Act if the
proceeding is pending on the effective date of this Act. 
 
SECTION 3.  Effective date:  September 1, 2003.