| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to concurrent guardianship proceedings in this state and |
|
|
in a foreign jurisdiction. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subpart G, Part 5, Chapter XIII, Texas Probate |
|
|
Code, is amended by adding Section 894 to read as follows: |
|
|
Sec. 894. GUARDIANSHIP PROCEEDINGS FILED IN THIS STATE AND |
|
|
IN FOREIGN JURISDICTION. (a) A court in which a guardianship |
|
|
proceeding is filed and in which venue of the proceeding is proper |
|
|
may delay further action in the proceeding in that court if: |
|
|
(1) another guardianship proceeding involving a |
|
|
matter at issue in the proceeding filed in the court is subsequently |
|
|
filed in a court in a foreign jurisdiction; and |
|
|
(2) venue of the proceeding in the foreign court is |
|
|
proper. |
|
|
(b) A court that delays further action in a guardianship |
|
|
proceeding under Subsection (a) of this section shall determine |
|
|
whether venue of the proceeding is more suitable in that court or in |
|
|
the foreign court. In making that determination, the court may |
|
|
consider: |
|
|
(1) the interests of justice; |
|
|
(2) the best interests of the ward or proposed ward; |
|
|
and |
|
|
(3) the convenience of the parties. |
|
|
(c) A court that delays further action under Subsection (a) |
|
|
of this section may issue any order it considers necessary to |
|
|
protect the proposed ward or the proposed ward's estate. |
|
|
(d) The court shall resume the guardianship proceeding if |
|
|
the court determines that venue is more suitable in that court. If |
|
|
the court determines that venue is more suitable in the foreign |
|
|
court, the court shall, with the consent of the foreign court, |
|
|
transfer the proceeding to the foreign court. |
|
|
SECTION 2. Section 894, Texas Probate Code, as added by this |
|
|
Act, applies only to a guardianship proceeding filed on or after the |
|
|
effective date of this Act. |
|
|
SECTION 3. 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, 2007. |