84R12088 AJA-D
By: Naishtat H.B. No. 4058
A BILL TO BE ENTITLED
AN ACT
relating to intervention in guardianship proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 1055, Estates Code, is
amended by adding Section 1055.003 to read as follows:
Sec. 1055.003. INTERVENTION BY INTERESTED PERSON. (a)
Notwithstanding the Texas Rules of Civil Procedure, an interested
person may intervene in a guardianship proceeding only by filing a
timely motion to intervene that is served on the parties.
(b) The motion must state the grounds for intervention in
the proceeding and be accompanied by a pleading that sets out the
purpose for which intervention is sought.
(c) The court has the discretion to grant or deny the motion
and, in exercising that discretion, must consider whether the
intervention will unduly delay or prejudice the adjudication of the
original parties' rights.
SECTION 2. The change in law made by this Act applies only
to a guardianship proceeding commenced on or after the effective
date of this Act. A guardianship proceeding commenced before the
effective date of this Act is governed by the law as it existed
immediately before that date, and that law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2015.