Texas 2025 - 89th Regular

Texas Senate Bill SB746 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Zaffirini S.B. No. 746
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	2	+	(In the Senate - Filed January 8, 2025; February 7, 2025,
	3	+	read first time and referred to Committee on Jurisprudence;
	4	+	March 24, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 5, Nays 0; March 24, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 746 By: Johnson
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6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to guardianship matters.
9	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	15		SECTION 1. Section 1002.013, Estates Code, is amended to
11	16		read as follows:
12	17		Sec. 1002.013. GUARDIAN AD LITEM. "Guardian ad litem"
13	18		means a person appointed by a court to represent the best interests
14	19		of an incapacitated person or proposed ward in a guardianship
15	20		proceeding.
16	21		SECTION 2. Section 1054.051(a), Estates Code, is amended to
17	22		read as follows:
18	23		(a) Subject to Subsection (b), the judge may appoint a
19	24		guardian ad litem to represent the interests of an incapacitated
20	25		person or proposed ward in a guardianship proceeding.
21	26		SECTION 3. Section 1054.054(b), Estates Code, is amended to
22	27		read as follows:
23	28		(b) A guardian ad litem shall protect the incapacitated
24	29		person or proposed ward whose interests the guardian has been
25	30		appointed to represent in a manner that will enable the court to
26	31		determine the action that will be in that person's best interests.
27	32		SECTION 4. Section 1054.056(a), Estates Code, is amended to
28	33		read as follows:
29	34		(a) Subject to Subsection (b), a guardian ad litem appointed
30	35		under this subchapter or Section 1102.001 or 1202.054 to represent
31	36		the interests of an incapacitated person or proposed ward in a
32	37		guardianship proceeding involving the creation, modification, or
33	38		termination of a guardianship is not liable for civil damages
34	39		arising from a recommendation made or an opinion given in the
35	40		capacity of guardian ad litem.
36	41		SECTION 5. Section 1055.001(b), Estates Code, is amended to
37	42		read as follows:
38	43		(b) A person who has an interest that is adverse to a
39	44		proposed ward or incapacitated person may not:
40	45		(1) file an application to create a guardianship or
41	46		for the appointment of a guardian for the proposed ward or
42	47		incapacitated person;
43	48		(2) contest the creation of a guardianship for the
44	49		proposed ward or incapacitated person;
45	50		(3) contest the appointment of a person as a guardian
46	51		of the proposed ward or incapacitated person; [or]
47	52		(4) contest an application for complete restoration of
48	53		a ward's capacity or modification of a ward's guardianship; or
49	54		(5) file a motion or complaint to request the removal
50	55		of a guardian or contest the request for removal of a guardian.
51	56		SECTION 6. Section 1163.051, Estates Code, is amended by
52	57		adding Subsections (d) and (e) to read as follows:
53	58		(d) If the court approves the annual account, the court
54	59		shall enter an order to that effect.
55	60		(e) If the court does not approve the annual account, the
56	61		court shall enter an order to that effect and require the guardian
57	62		of the estate to file another annual account within a period
58	63		prescribed by the order, which may not be later than the 30th day
59	64		after the date the order is entered.
60	65		SECTION 7. Section 1163.104, Estates Code, is amended by
61	66		amending Subsection (a) and adding Subsection (a-1) to read as
62	67		follows:
63	68		(a) If the judge is satisfied that the facts stated in the
64	69		report are true, the court shall approve the report and enter an
65	70		order to that effect.
66	71		(a-1) If the court does not approve the annual report, the
67	72		court shall enter an order to that effect and require the guardian
68	73		of the person to file another annual report within a period
69	74		prescribed by the order, which may not be later than the 30th day
70	75		after the date the order is entered.
71	76		SECTION 8. Sections 1054.051, 1054.054, 1054.056,
72	77		1055.001, 1163.051, and 1163.104, Estates Code, as amended by this
73	78		Act, apply to a guardianship proceeding that is pending or
74	79		commenced on or after the effective date of this Act.
75	80		SECTION 9. This Act takes effect September 1, 2025.
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