78R13758 KLA-F


By:  Casteel                                                      H.B. No. 1985



A BILL TO BE ENTITLED

AN ACT

relating to the immunity of guardians ad litem in certain 
guardianship proceedings from liability for certain damages.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subpart E, Part 2, Chapter XIII, Texas Probate 
Code, is amended by adding Section 645A to read as follows:
	Sec. 645A.  IMMUNITY.  (a)  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) of this section does not apply to a 
recommendation or opinion that is:
		(1)  wilfully wrongful;                                                
		(2)  given with conscious indifference or reckless 
disregard to the safety of another;
		(3)  given in bad faith or with malice; or                             
		(4)  grossly negligent.                                                
	SECTION 2.  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:
		(1)  on or after the effective date of this Act; or                           
		(2)  before the effective date of this Act if the 
proceeding is pending on the effective date of this Act.
	SECTION 3.  This Act takes effect September 1, 2003.