| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 84R12088 AJA-D | |
| 2 | 2 | By: Naishtat H.B. No. 4058 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to intervention in guardianship proceedings. | |
| 8 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 9 | 9 | SECTION 1. Subchapter A, Chapter 1055, Estates Code, is | |
| 10 | 10 | amended by adding Section 1055.003 to read as follows: | |
| 11 | 11 | Sec. 1055.003. INTERVENTION BY INTERESTED PERSON. (a) | |
| 12 | 12 | Notwithstanding the Texas Rules of Civil Procedure, an interested | |
| 13 | 13 | person may intervene in a guardianship proceeding only by filing a | |
| 14 | 14 | timely motion to intervene that is served on the parties. | |
| 15 | 15 | (b) The motion must state the grounds for intervention in | |
| 16 | 16 | the proceeding and be accompanied by a pleading that sets out the | |
| 17 | 17 | purpose for which intervention is sought. | |
| 18 | 18 | (c) The court has the discretion to grant or deny the motion | |
| 19 | 19 | and, in exercising that discretion, must consider whether the | |
| 20 | 20 | intervention will unduly delay or prejudice the adjudication of the | |
| 21 | 21 | original parties' rights. | |
| 22 | 22 | SECTION 2. The change in law made by this Act applies only | |
| 23 | 23 | to a guardianship proceeding commenced on or after the effective | |
| 24 | 24 | date of this Act. A guardianship proceeding commenced before the | |
| 25 | 25 | effective date of this Act is governed by the law as it existed | |
| 26 | 26 | immediately before that date, and that law is continued in effect | |
| 27 | 27 | for that purpose. | |
| 28 | 28 | SECTION 3. This Act takes effect September 1, 2015. |