78R7033 KLA-D
By: Casteel H.B. No. 1985
A BILL TO BE ENTITLED
AN ACT
relating to the immunity of guardians ad litem in 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 to
represent the interests of an incapacitated person in a
guardianship proceeding 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.