By: Zaffirini S.B. No. 498
(Neave)
A BILL TO BE ENTITLED
AN ACT
relating to the use of person first respectful language instead of
the term "ward."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.033, Estates Code, is amended to read
as follows:
Sec. 22.033. WARD; PERSON WITH A GUARDIAN. "Ward" or
"person with a guardian" means a person for whom a guardian has been
appointed.
SECTION 2. Chapter 1001, Estates Code, is amended by adding
Section 1001.004 to read as follows:
Sec. 1001.004. USE OF PERSON FIRST RESPECTFUL LANGUAGE
INSTEAD OF WARD. (a) The legislature, the Texas Legislative
Council, and other state agencies and entities are directed to
avoid using the term "ward" in any new provision of law and are
directed to replace, as appropriate, that term in any existing law
as that existing law is otherwise amended with the following
preferred terms or phrases or appropriate variations of those terms
or phrases:
(1) "person";
(2) "incapacitated person"; and
(3) "person with a guardian."
(b) A law is not invalid solely because it does not employ
this section's preferred terms or phrases.
SECTION 3. Section 1002.026, Estates Code, is amended to
read as follows:
Sec. 1002.026. PROPOSED WARD; ALLEGED INCAPACITATED
PERSON. "Proposed ward" or "alleged incapacitated person" means a
person alleged in a guardianship proceeding to be incapacitated.
SECTION 4. Section 1002.030, Estates Code, is amended to
read as follows:
Sec. 1002.030. WARD; PERSON WITH A GUARDIAN. "Ward" or
"person with a guardian" means a person for whom a guardian has been
appointed.
SECTION 5. Section 155.001(7), Government Code, is amended
to read as follows:
(7) "Ward" or "person with a guardian" has the meaning
assigned by Chapter 1002, Estates [Section 601, Texas Probate]
Code.
SECTION 6. Section 411.114(a)(1)(E), Government Code, is
amended to read as follows:
(E) "Ward" or "person with a guardian" has the
meaning assigned by Chapter 1002, Estates [Section 601, Texas
Probate] Code.
SECTION 7. Section 240.002(15), Property Code, is amended
to read as follows:
(15) "Ward" or "person with a guardian" has the
meaning assigned by Section 22.033, Estates Code.
SECTION 8. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 9. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.