By: Swanson (Senate Sponsor - Zaffirini) H.B. No. 266
(In the Senate - Received from the House April 17, 2023;
April 19, 2023, read first time and referred to Committee on
Jurisprudence; May 3, 2023, reported favorably by the following
vote: Yeas 5, Nays 0; May 3, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
HughesX
JohnsonX
CreightonX
HinojosaX
MiddletonX
A BILL TO BE ENTITLED
AN ACT
relating to the required filing and use of an affidavit containing
the contact information of certain persons in a guardianship
proceeding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 1101, Estates Code, is
amended by adding Section 1101.003 to read as follows:
Sec. 1101.003. AFFIDAVIT CONTAINING CONTACT INFORMATION OF
CERTAIN PERSONS. (a) Within the time prescribed by the court, a
person who files an application under Section 1101.001 shall file
an affidavit with the court that states the name, address,
telephone number, e-mail address, and other contact information if
known by the applicant for each person entitled to notice under
Section 1051.104(a).
(b) An affidavit filed under this section is privileged and
confidential. The affidavit may not be released or otherwise
disclosed to the public.
(c) On qualification of a guardian, the court shall provide
a copy of the affidavit filed under this section to the guardian if
the guardian is not the person who filed the affidavit.
SECTION 2. Section 1151.056, Estates Code, is amended by
adding Subsection (h) to read as follows:
(h) Unless the guardian knows the information is not
correct, a guardian of a ward shall rely on the contact information
contained in the affidavit required by Section 1101.003 to provide
notice about the ward to a relative of the ward under this section.
SECTION 3. The changes in law made by this Act apply only to
an application for the appointment of a guardian filed on or after
the effective date of this Act. An application for the appointment
of a guardian filed before the effective date of this Act is
governed by the law in effect on the date the application was filed,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2023.
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