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Amend CSHB 1438 (senate committee printing) as follows:
(1) In SECTION 6 of the bill, strike proposed Section 1055.003(c), Estates Code (page 2, lines 65-68) and substitute the following:
(c) The court has the discretion to grant or deny the motion and, in exercising that discretion, must consider whether:
(1) the intervention will unduly delay or prejudice the adjudication of the original parties' rights; or
(2) the proposed intervenor has such an adverse relationship with the ward or proposed ward that the intervention would unduly prejudice the adjudication of the original parties' rights.
(2) In SECTION 8 of the bill, strike proposed Section 1101.156(a), Estates Code (page 3, lines 13-20), and substitute the following:
(a) At the time or after an order appointing a guardian is signed by the court but before letters of guardianship are issued, a court may, on the request of a party, require the deposit for safekeeping of cash, securities, or other assets of a ward or proposed ward in a financial institution described by Section 1105.155(b).
(3) In SECTION 21 of the bill, in proposed Section 1251.052(b)(3), Estates Code (page 9, line 15), strike "12-month" and substitute "nine-month".
(4) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill as appropriate:
SECTION ____. Subchapter D, Chapter 1054, Estates Code, is amended by adding Section 1054.155 to read as follows:
Sec. 1054.155. NOTICE REGARDING REQUEST TO FINANCIAL INSTITUTION FOR CUSTOMER RECORDS. If a request is made to a financial institution for a customer record in connection with an investigation conducted under Section 1054.151 or 1054.152, the court shall provide written notice of that fact to the ward or proposed ward with respect to whom the investigation is conducted not later than the fifth day after the date the financial institution produces the customer record.
SECTION ____. Chapter 1102, Estates Code, is amended by adding Section 1102.006 to read as follows:
Sec. 1102.006. NOTICE REGARDING REQUEST TO FINANCIAL INSTITUTION FOR CUSTOMER RECORDS. If a request is made to a financial institution for a customer record in connection with an investigation conducted under Section 1102.001, the court shall provide written notice of that fact to the proposed ward with respect to whom the investigation is conducted not later than the fifth day after the date the financial institution produces the customer record.