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Amend CSHB 3485 by adding the following appropriately
numbered SECTIONS to the bill and renumbering subsequent SECTIONS
accordingly:
SECTION ____. Section 632(f)(1), Texas Probate Code, is
amended to read as follows:
(1) In cases in which it is provided that personal service
shall be had with respect to a citation or notice, the citation or
notice must be served on the attorney of record for the person who
is being cited or notified. Notwithstanding the requirement of
personal service, service may be made on the attorney by any method
specified under this chapter for service on an attorney. If there
is no attorney of record in the proceeding for the person who is
being cited or notified, or if an attempt to make service on the
attorney was unsuccessful, a citation or notice directed to a
person within this state must be served [in person by the sheriff or
constable] on the person who is being cited or notified by
delivering to the person a true copy of the citation or notice at
least 10 days before the return day on the citation or notice,
exclusive of the date of service. If the person who is being cited
or notified is absent from the state or is a nonresident, the
citation or notice may be served by a disinterested person
competent to make oath of the fact. The citation or notice served
by a disinterested person shall be returnable at least 10 days after
the date of service, exclusive of the date of service. The return
of the person serving the citation or notice shall be endorsed on or
attached to the citation or notice. The return must show the time
and place of service, certify that a true copy of the citation or
notice was delivered to the person directed to be served, be
subscribed and sworn to before an officer authorized by the laws of
this state to take affidavits, under the hand and official seal of
the officer, and returned to the county clerk who issued the
citation or notice. If the citation or notice is returned with the
notation that the person sought to be served, whether or not within
this state, cannot be found, the clerk shall issue a new citation or
notice directed to the person sought to be served and service shall
be by publication.
SECTION ____. Section 633(c), Texas Probate Code, is
amended to read as follows:
(c) The sheriff, constable, or other person authorized by
law [officer] shall personally serve citation to appear and answer
the application for guardianship on:
(1) a proposed ward who is 12 years of age or older;
(2) the parents of a proposed ward if the whereabouts
of the parents are known or can be reasonably ascertained;
(3) any court-appointed conservator or person having
control of the care and welfare of the proposed ward;
(4) a proposed ward's spouse if the whereabouts of the
spouse are known or can be reasonably ascertained; and
(5) the person named in the application to be
appointed guardian, if that person is not the applicant.
SECTION ____. Section 875(e), Texas Probate Code, is
amended to read as follows:
(e) On the filing of an application for temporary
guardianship, the clerk shall issue citation to be served in any
manner authorized by law [notice that shall be served] on the
respondent, the respondent's appointed attorney, and the proposed
temporary guardian named in the application, if that person is not
the applicant. The citation [notice] must describe the rights of
the parties and the date, time, place, purpose, and possible
consequences of a hearing on the application. A copy of the
application must be attached to the citation [notice].
SECTION ____. The changes in law made by this Act to
Sections 632(f)(1), 633(c), and 875(e), Texas Probate Code, apply
to a guardianship proceeding that is pending or commenced on or
after the effective date of this Act.