H.B. No. 3394
  relating to determining the incapacity of a guardian.
         SECTION 1.  Section 1203.052, Estates Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
         (a)  Subject to Subsection (c), the [The] court may remove a
  guardian as provided by Subsection (a-1) if:
               (1)  sufficient grounds appear to support a belief that
  the guardian has misapplied, embezzled, or removed from the state,
  or is about to misapply, embezzle, or remove from the state, any of
  the property entrusted to the guardian's care;
               (2)  the guardian fails to return any account or report
  that is required by law to be made;
               (3)  the guardian fails to obey a proper order of the
  court that has jurisdiction with respect to the performance of the
  guardian's duties;
               (4)  the guardian is proved to have been guilty of gross
  misconduct or mismanagement in the performance of the guardian's
               (5)  the guardian:
                     (A)  becomes incapacitated;
                     (B)  is sentenced to the penitentiary; or
                     (C)  from any other cause, becomes incapable of
  properly performing the duties of the guardian's trust;
               (6)  the guardian has engaged in conduct with respect
  to the ward that would be considered to be abuse, neglect, or
  exploitation, as those terms are defined by Section 48.002, Human
  Resources Code, if engaged in with respect to an elderly person or
  [disabled] person with a disability, as defined by that section;
               (7)  the guardian neglects to educate or maintain the
  ward as liberally as the means of the ward's estate and the ward's
  ability or condition permit;
               (8)  the guardian interferes with the ward's progress
  or participation in programs in the community;
               (9)  the guardian fails to comply with the requirements
  of Subchapter G, Chapter 1104;
               (10)  the court determines that, because of the
  dissolution of the joint guardians' marriage, the termination of
  the guardians' joint appointment and the continuation of only one
  of the joint guardians as the sole guardian is in the best interest
  of the ward; or
               (11)  the guardian would be ineligible for appointment
  as a guardian under Subchapter H, Chapter 1104.
         (c)  If there is probable cause to believe that a guardian is
  an incapacitated person, a court may, on the court's own motion or
  on complaint of an interested person, appoint an attorney ad litem
  to represent the ward's interests as provided by Section 1054.007
  and a court investigator or guardian ad litem to investigate
  whether the guardian should be removed under Subsection (a)(5)(A).
  If the court determines it is necessary, the court may appoint the
  necessary physicians to examine the guardian to determine whether
  the guardian is an incapacitated person for purposes of Subsection
         SECTION 2.  The changes in law made by this Act apply to a
  guardianship created before, on, or after the effective date of
  this Act.
         SECTION 3.  This Act takes effect September 1, 2021.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 3394 was passed by the House on April
  29, 2021, by the following vote:  Yeas 145, Nays 0, 1 present, not
  Chief Clerk of the House   
         I certify that H.B. No. 3394 was passed by the Senate on May
  19, 2021, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
  APPROVED:  _____________________