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A BILL TO BE ENTITLED
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AN ACT
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relating to bonds required of guardians and other personal |
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representatives. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 205 and 206, Texas Probate Code, are |
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amended to read as follows: |
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Sec. 205. JUDGE TO REQUIRE NEW BOND. When it shall be known |
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to him that any such bond is in any respect insufficient or that it |
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has, together with the record thereof, been lost or destroyed, the |
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judge shall: |
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(1) without delay and without notice enter an order |
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requiring the representative to give a new bond; or |
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(2) without delay cause the representative to be cited |
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to show cause why he should not give a new bond. |
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Sec. 206. ORDER REQUIRING NEW BOND. (a) The order entered |
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under Section 205(1) of this code must state the reasons for |
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requiring a new bond, the amount of the new bond, and the time |
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within which the new bond must be given, which may not be earlier |
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than the 10th day after the date of the order. If the personal |
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representative opposes the order, the personal representative may |
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demand a hearing on the order. The hearing must be held before the |
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expiration of the time within which the new bond must be given. |
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(b) Upon the return of a citation ordering a personal |
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representative to show cause why he should not give a new bond, the |
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judge shall, on the day named therein for the hearing of the matter, |
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proceed to inquire into the sufficiency of the reasons for |
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requiring a new bond; and, if satisfied that a new bond should be |
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required, he shall enter an order to that effect, stating in such |
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order the amount of such new bond, and the time within which it |
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shall be given, which shall not be later than twenty days from the |
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date of such order. |
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SECTION 2. Sections 713 and 714, Texas Probate Code, are |
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amended to read as follows: |
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Sec. 713. JUDGE TO REQUIRE NEW BOND. When it is made known |
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to a judge that a bond is insufficient or that the bond has, with the |
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record of the bond, been lost or destroyed, the judge [without
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delay] shall: |
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(1) without delay and without notice enter an order |
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requiring the guardian to give a new bond; or |
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(2) without delay cause the guardian to be cited to |
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show cause why the guardian should not give a new bond. |
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Sec. 714. ORDER REQUIRING NEW BOND. (a) The order entered |
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under Section 713(1) of this code must state the reasons for |
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requiring a new bond, the amount of the new bond, and the time |
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within which the new bond must be given, which may not be earlier |
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than the 10th day after the date of the order. If the guardian |
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opposes the order, the guardian may demand a hearing on the order. |
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The hearing must be held before the expiration of the time within |
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which the new bond must be given. |
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(b) On the return of a citation ordering a guardian to show |
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cause why the guardian should not give a new bond, the judge on the |
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day contained in the return of citation as the day for the hearing |
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of the matter, shall proceed to inquire into the sufficiency of the |
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reasons for requiring a new bond. If the judge is satisfied that a |
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new bond should be required, the judge shall enter an order to that |
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effect that states the amount of the new bond and the time within |
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which the new bond shall be given, which may not be later than 20 |
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days from the date of the order issued by the judge under this |
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subsection [section]. |
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SECTION 3. This Act takes effect September 1, 2007. |