H.B. No. 266
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 266 was passed by the House on April
14, 2023, by the following vote: Yeas 139, Nays 4, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 266 was passed by the Senate on May 9,
2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor