HBA-KDB S.B. 869 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 869 By: Lindsay Judicial Affairs 5/3/2001 Engrossed BACKGROUND AND PURPOSE Under current law, a guardian may be appointed for an incapacitated person who needs assistance in making decisions concerning the person's welfare or financial affairs. A citation to appear and answer the application for guardianship is required to be served on a proposed ward who is 12 years of age or older, the parents of a proposed ward if the whereabouts of the parents are known or can be reasonably ascertained, any court-appointed conservator or person having control of the care and welfare of the proposed ward, the person named in the application to be appointed guardian, and a proposed ward's spouse. However, there is no qualifying statement that provides that the spouse of the proposed ward be served with such a citation only if the whereabouts of the spouse are known or can be reasonably ascertained. Senate Bill 869 adds this qualifier. 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. ANALYSIS Senate Bill 869 amends the Texas Probate Code to require the sheriff or other officer to personally serve citation to appear and answer the application for guardianship on a proposed ward's spouse if the whereabouts of the spouse are known or can be reasonably ascertained. EFFECTIVE DATE September 1, 2001.