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AN ACT
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relating to guardianship matters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1002.013, Estates Code, is amended to |
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read as follows: |
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Sec. 1002.013. GUARDIAN AD LITEM. "Guardian ad litem" |
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means a person appointed by a court to represent the best interests |
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of an incapacitated person or proposed ward in a guardianship |
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proceeding. |
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SECTION 2. Section 1054.051(a), Estates Code, is amended to |
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read as follows: |
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(a) Subject to Subsection (b), the judge may appoint a |
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guardian ad litem to represent the interests of an incapacitated |
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person or proposed ward in a guardianship proceeding. |
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SECTION 3. Section 1054.054(b), Estates Code, is amended to |
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read as follows: |
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(b) A guardian ad litem shall protect the incapacitated |
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person or proposed ward whose interests the guardian has been |
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appointed to represent in a manner that will enable the court to |
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determine the action that will be in that person's best interests. |
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SECTION 4. Section 1054.056(a), Estates Code, is amended to |
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read as follows: |
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(a) Subject to Subsection (b), a guardian ad litem appointed |
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under this subchapter or Section 1102.001 or 1202.054 to represent |
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the interests of an incapacitated person or proposed ward in a |
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guardianship proceeding involving the creation, modification, or |
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termination of a guardianship is not liable for civil damages |
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arising from a recommendation made or an opinion given in the |
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capacity of guardian ad litem. |
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SECTION 5. Section 1055.001(b), Estates Code, is amended to |
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read as follows: |
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(b) A person who has an interest that is adverse to a |
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proposed ward or incapacitated person may not: |
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(1) file an application to create a guardianship or |
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for the appointment of a guardian for the proposed ward or |
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incapacitated person; |
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(2) contest the creation of a guardianship for the |
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proposed ward or incapacitated person; |
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(3) contest the appointment of a person as a guardian |
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of the proposed ward or incapacitated person; [or] |
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(4) contest an application for complete restoration of |
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a ward's capacity or modification of a ward's guardianship; or |
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(5) file a motion or complaint to request the removal |
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of a guardian or contest the request for removal of a guardian. |
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SECTION 6. Section 1163.051, Estates Code, is amended by |
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adding Subsections (d) and (e) to read as follows: |
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(d) If the court approves the annual account, the court |
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shall enter an order to that effect. |
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(e) If the court does not approve the annual account, the |
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court shall enter an order to that effect and require the guardian |
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of the estate to file another annual account within a period |
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prescribed by the order, which may not be later than the 30th day |
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after the date the order is entered. |
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SECTION 7. Section 1163.104, Estates Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) If the judge is satisfied that the facts stated in the |
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report are true, the court shall approve the report and enter an |
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order to that effect. |
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(a-1) If the court does not approve the annual report, the |
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court shall enter an order to that effect and require the guardian |
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of the person to file another annual report within a period |
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prescribed by the order, which may not be later than the 30th day |
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after the date the order is entered. |
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SECTION 8. Sections 1054.051, 1054.054, 1054.056, |
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1055.001, 1163.051, and 1163.104, Estates Code, as amended by this |
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Act, apply to a guardianship proceeding that is pending or |
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commenced on or after the effective date of this Act. |
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SECTION 9. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 746 passed the Senate on |
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April 10, 2025, by the following vote: Yeas 25, Nays 5. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 746 passed the House on |
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May 16, 2025, by the following vote: Yeas 122, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |