C.S.H.B. 1985 78(R)    BILL ANALYSIS


C.S.H.B. 1985
By: Casteel
Judicial Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Unlike the Family Code, the current Probate Code does not provide for the
immunity of a guardian ad litem for ordinary negligence. C.S.H.B. 1985
provides for this immunity of a guardian ad litem in certain
circumstances. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1.  Subpart E, Part 2, Chapter XIII, Texas Probate Code, is
amended by adding: 

 Sec.  65A.  IMMUNITY. 
 
 (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)Subsection (a) does not apply to a recommendation or opinion that is
wilfully wrong, given with conscious indifference or reckless disregard to
the safety of another, given in bad faith or with malice or grossly
negligent. 

SECTION 2.  Makes conforming changes.

SECTION 3.  Effective Date: September 1, 2003.

EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute restricts the application of the bill's provisions to
guardians ad litem appointed under Section 645, 683, and 694A of the
Probate Code in proceedings involving the creation, modification or
termination of a guardianship.