Texas 2017 - 85th Regular

Texas Senate Bill SB511 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Rodríguez S.B. No. 511
2		-	(Wray)
	1	+	S.B. No. 511
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to a written declaration to designate a guardian before
8	6		the need for a guardian arises.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 1104.203, Estates Code, is amended by
11	9		amending Subsections (a) and (b) and adding Subsection (a-1) to
12	10		read as follows:
13	11		(a) Except as provided by Subsection (a-1), a [A]
14	12		declaration under this subchapter must be signed by the declarant
15	13		and be:
16	14		(1) written wholly in the declarant's handwriting; or
17	15		(2) attested to in the declarant's presence by at least
18	16		two credible witnesses who are:
19	17		(A) 14 years of age or older; and
20	18		(B) not named as guardian or alternate guardian
21	19		in the declaration.
22	20		(a-1) If the declaration does not expressly disqualify any
23	21		individual from serving as guardian of the declarant's person or
24	22		estate, the declaration must be signed by the declarant and may be
25	23		acknowledged by a notary public instead of being attested to in the
26	24		declarant's presence by witnesses as required by Subsection (a)(2).
27	25		(b) Notwithstanding Subsection (a) or (a-1), a declaration
28	26		that is not written wholly in the declarant's handwriting may be
29	27		signed by another person for the declarant under the direction of
30	28		and in the presence of the declarant.
31	29		SECTION 2. Section 1104.204, Estates Code, is amended by
32	30		adding Subsections (c) and (d) to read as follows:
33	31		(c) A declaration that complies with the requirements of
34	32		Section 1104.203(a-1) may, but is not required to, be in the form
35	33		specified by Subsection (b), except that instead of having attached
36	34		the self-proving affidavit prescribed by that subsection, the
37	35		declaration shall have attached the following acknowledgment:
38	36		STATE OF __________________
39	37		COUNTY OF _________________
40	38		This instrument was acknowledged before me on the ___ day of
41	39		__________, 20______,
42	40		by ________________________ (Declarant).
43	41		___________________________
44	42		Notary Public, in and for
45	43		the State of Texas
46	44		Notary's printed name:
47	45		___________________________
48	46		My commission expires:
49	47		___________________________
50	48		(d) A declaration that complies with the requirements of
51	49		Section 1104.203(a-1) that has attached the acknowledgment
52	50		provided by Subsection (c) is considered self-proved.
53	51		SECTION 3. The changes in law made by this Act apply only to
54	52		a declaration to designate a guardian executed on or after the
55	53		effective date of this Act. A declaration to designate a guardian
56	54		executed before the effective date of this Act is governed by the
57	55		law in effect on the date the declaration was executed, and the
58	56		former law is continued in effect for that purpose.
59	57		SECTION 4. This Act takes effect September 1, 2017.
	58	+	______________________________ ______________________________
	59	+	President of the Senate Speaker of the House
	60	+	I hereby certify that S.B. No. 511 passed the Senate on
	61	+	April 19, 2017, by the following vote: Yeas 31, Nays 0.
	62	+	______________________________
	63	+	Secretary of the Senate
	64	+	I hereby certify that S.B. No. 511 passed the House on
	65	+	May 17, 2017, by the following vote: Yeas 129, Nays 14, two
	66	+	present not voting.
	67	+	______________________________
	68	+	Chief Clerk of the House
	69	+	Approved:
	70	+	______________________________
	71	+	Date
	72	+	______________________________
	73	+	Governor