HBA-GUM, LCA H.B. 3338 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3338
By: Naishtat
Judicial Affairs
7/27/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the76th Texas Legislature, a surviving parent who wished to waive
the bond for a person that the parent chose as a designated guardian could
do so only by stating this in a will.  H.B. 3338 amends the Probate Code to
allow a surviving parent to designate a bond waiver by either naming the
guardian in a will or by a written designation. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 702(c), Probate Code, to include a written
declaration, in addition to a will, as a means for a surviving parent to
direct a court to appoint the person named in the document as guardian
without requirement of bond.  Makes conforming changes. 

SECTION 2.  Amends Section 677(A)(e), Probate Code, by making a conforming
change to the discretionary form for appointing a guardian. 

SECTION 3.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 4.  Emergency clause.