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79R10094 T

By:  Hartnett                                                     H.B. No. 3435



A BILL TO BE ENTITLED

AN ACT

relating to guardianships.                                                    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 633(d), Texas Probate Code, is amended 
to read as follows:
	(d)  The applicant shall mail a copy of the application for 
guardianship and a notice containing the information required in 
the citation issued under Subsection (b) of this section by 
registered or certified mail, return receipt requested, or by any 
other form of mail that provides proof of delivery, to the following 
persons, if their whereabouts are known or can be reasonably 
ascertained:
		(1)  all adult children of a proposed ward;                                   
		(2)  all adult siblings of a proposed ward if the 
applicant is not the proposed ward's spouse;
		(3)  The administrator of a nursing home facility in 
which the proposed ward resides;
		(4)  The operator of a residential facility in which 
the proposed ward resides;
		(5)  a person whom the applicant knows to hold a power 
of attorney signed by the proposed ward;
		(6)  a person designated to serve as guardian of the 
proposed ward by a written declaration under Section 679 of this 
code, if the applicant knows of the existence of the declaration;
		(7)  a person designated to serve as guardian of the 
proposed ward in the probated will of the last surviving parent of 
the ward;
		(8)  a person designated to serve as guardian of the 
proposed ward by a written declaration of the proposed ward's last 
surviving parent, if the declarant is deceased and the applicant 
knows of the existence of the declaration; and
		(9)  each person named as next of kin in the application 
for guardianship as required by Section 682(10) or (12) of this 
code.
	SECTION 2.  Section 727, Texas Probate Code, is amended to 
read as follows:  
	Sec. 727.  APPOINTMENT OF APPRAISERS.  After letters of 
guardianship of the estate have been granted and on its own motion 
or on motion [the application] of any interested person, [or if the 
court deems it necessary,] the court for good cause shown shall 
appoint at least one but not more than three disinterested persons 
who are citizens of the county in which letters were granted to 
appraise the property of the ward.  If the court appoints an 
appraiser under this section and part of the estate is located in a 
county other than the county in which the letters were granted, the 
court may appoint at least one but not more than three disinterested 
persons who are citizens of the county in which the part of the 
estate is located to appraise the property of the estate located in 
the county if the court considers it necessary to appoint an 
appraiser.
	SECTION 3.  (a) The changes in law made by this act to 
Section 727, Texas Probate Code, apply only to a guardianship 
proceeding commenced on or after the effective date of this Act.
	(b)  A guardianship proceeding commenced before the 
effective date of this Act is governed by the law applicable to the 
proceeding immediately before the effective date of this Act, and 
that law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2005.