H.B. No. 1985




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.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 1985 was passed by the House on May 
10, 2003, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 1985 was passed by the Senate on May 
23, 2003, by a viva-voce vote.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor