S.B. No. 346
AN ACT
relating to conforming the law concerning the removal of a guardian
of a ward to amendments made by the 78th Legislature.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 761, Texas Probate Code,
is amended to read as follows:
(a) The court, on its own motion or on motion of any
interested person, including the ward, and without notice, may
remove any guardian, appointed under this chapter, who:
(1) neglects to qualify in the manner and time
required by law;
(2) fails to return within 30 [90] days after
qualification, unless the time is extended by order of the court, an
inventory of the property of the guardianship estate and list of
claims that have come to the guardian's knowledge;
(3) having been required to give a new bond, fails to
do so within the time prescribed;
(4) absents himself from the state for a period of
three months at one time without permission of the court, or removes
from the state;
(5) cannot be served with notices or other processes
because of the fact that:
(A) the guardian's whereabouts are unknown;
(B) the guardian is eluding service; or
(C) the guardian is a nonresident of this state
who does not have a resident agent to accept service of process in
any guardianship proceeding or other matter relating to the
guardianship;
(6) has misapplied, embezzled, or removed from the
state, or is about to misapply, embezzle, or remove from the state,
all or any part of the property committed to the guardian's care; or
(7) has cruelly treated a ward, or has neglected to
educate or maintain the ward as liberally as the means of the ward
and the condition of the ward's estate permit.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 346 passed the Senate on
March 31, 2005, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 346 passed the House on
April 14, 2005, by the following vote: Yeas 140, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor