H.B. No. 1709

AN ACT

relating to bonds required of guardians and other personal representatives.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 205 and 206, Texas Probate Code, are amended to read as follows:

Sec. 205. JUDGE TO REQUIRE NEW BOND. When it shall be known to him that any such bond is in any respect insufficient or that it has, together with the record thereof, been lost or destroyed, the judge shall:

(1) without delay and without notice enter an order requiring the representative to give a new bond; or

(2) without delay cause the representative to be cited to show cause why he should not give a new bond.

Sec. 206. ORDER REQUIRING NEW BOND. (a) The order entered under Section 205(1) of this code must state the reasons for requiring a new bond, the amount of the new bond, and the time within which the new bond must be given, which may not be earlier than the 10th day after the date of the order. If the personal representative opposes the order, the personal representative may demand a hearing on the order. The hearing must be held before the expiration of the time within which the new bond must be given.

(b) Upon the return of a citation ordering a personal representative to show cause why he should not give a new bond, the judge shall, on the day named therein for the hearing of the matter, proceed to inquire into the sufficiency of the reasons for requiring a new bond; and, if satisfied that a new bond should be required, he shall enter an order to that effect, stating in such order the amount of such new bond, and the time within which it shall be given, which shall not be later than twenty days from the date of such order.

SECTION 2. Sections 713 and 714, Texas Probate Code, are amended to read as follows:

Sec. 713. JUDGE TO REQUIRE NEW BOND. When it is made known to a judge that a bond is insufficient or that the bond has, with the record of the bond, been lost or destroyed, the judge [without delay] shall:

(1) without delay and without notice enter an order requiring the guardian to give a new bond; or

(2) without delay cause the guardian to be cited to show cause why the guardian should not give a new bond.

Sec. 714. ORDER REQUIRING NEW BOND. (a) The order entered under Section 713(1) of this code must state the reasons for requiring a new bond, the amount of the new bond, and the time within which the new bond must be given, which may not be earlier than the 10th day after the date of the order. If the guardian opposes the order, the guardian may demand a hearing on the order. The hearing must be held before the expiration of the time within which the new bond must be given.

(b) On the return of a citation ordering a guardian to show cause why the guardian should not give a new bond, the judge on the day contained in the return of citation as the day for the hearing of the matter, shall proceed to inquire into the sufficiency of the reasons for requiring a new bond. If the judge is satisfied that a new bond should be required, the judge shall enter an order to that effect that states the amount of the new bond and the time within which the new bond shall be given, which may not be later than 20 days from the date of the order issued by the judge under this subsection [section].

SECTION 3. This Act takes effect September 1, 2007.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 1709 was passed by the House on March 28, 2007, by the following vote: Yeas 145, Nays 0, 2 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 1709 was passed by the Senate on May 18, 2007, by the following vote: Yeas 30, Nays 0.

______________________________ Secretary of the Senate APPROVED: _____________________

Date

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Governor