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.