| 1 | 1 | | H.B. No. 266 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the required filing and use of an affidavit containing |
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| 6 | 6 | | the contact information of certain persons in a guardianship |
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| 7 | 7 | | proceeding. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter A, Chapter 1101, Estates Code, is |
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| 10 | 10 | | amended by adding Section 1101.003 to read as follows: |
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| 11 | 11 | | Sec. 1101.003. AFFIDAVIT CONTAINING CONTACT INFORMATION OF |
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| 12 | 12 | | CERTAIN PERSONS. (a) Within the time prescribed by the court, a |
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| 13 | 13 | | person who files an application under Section 1101.001 shall file |
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| 14 | 14 | | an affidavit with the court that states the name, address, |
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| 15 | 15 | | telephone number, e-mail address, and other contact information if |
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| 16 | 16 | | known by the applicant for each person entitled to notice under |
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| 17 | 17 | | Section 1051.104(a). |
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| 18 | 18 | | (b) An affidavit filed under this section is privileged and |
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| 19 | 19 | | confidential. The affidavit may not be released or otherwise |
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| 20 | 20 | | disclosed to the public. |
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| 21 | 21 | | (c) On qualification of a guardian, the court shall provide |
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| 22 | 22 | | a copy of the affidavit filed under this section to the guardian if |
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| 23 | 23 | | the guardian is not the person who filed the affidavit. |
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| 24 | 24 | | SECTION 2. Section 1151.056, Estates Code, is amended by |
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| 25 | 25 | | adding Subsection (h) to read as follows: |
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| 26 | 26 | | (h) Unless the guardian knows the information is not |
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| 27 | 27 | | correct, a guardian of a ward shall rely on the contact information |
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| 28 | 28 | | contained in the affidavit required by Section 1101.003 to provide |
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| 29 | 29 | | notice about the ward to a relative of the ward under this section. |
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| 30 | 30 | | SECTION 3. The changes in law made by this Act apply only to |
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| 31 | 31 | | an application for the appointment of a guardian filed on or after |
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| 32 | 32 | | the effective date of this Act. An application for the appointment |
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| 33 | 33 | | of a guardian filed before the effective date of this Act is |
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| 34 | 34 | | governed by the law in effect on the date the application was filed, |
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| 35 | 35 | | and the former law is continued in effect for that purpose. |
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| 36 | 36 | | SECTION 4. This Act takes effect September 1, 2023. |
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| 37 | 37 | | ______________________________ ______________________________ |
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| 38 | 38 | | President of the Senate Speaker of the House |
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| 39 | 39 | | I certify that H.B. No. 266 was passed by the House on April |
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| 40 | 40 | | 14, 2023, by the following vote: Yeas 139, Nays 4, 2 present, not |
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| 41 | 41 | | voting. |
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| 42 | 42 | | ______________________________ |
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| 43 | 43 | | Chief Clerk of the House |
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| 44 | 44 | | I certify that H.B. No. 266 was passed by the Senate on May 9, |
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| 45 | 45 | | 2023, by the following vote: Yeas 31, Nays 0. |
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| 46 | 46 | | ______________________________ |
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| 47 | 47 | | Secretary of the Senate |
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| 48 | 48 | | APPROVED: _____________________ |
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| 49 | 49 | | Date |
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| 50 | 50 | | _____________________ |
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| 51 | 51 | | Governor |
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