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


Office of House Bill AnalysisH.B. 3338
By: Naishtat
Judicial Affairs
4/7/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a surviving parent who wishes to waive the bond for a person
that the parent chooses as a designated guardian may 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, to provide a form for
the written declaration authorized under Section 702(c), Probate Code, as
amended by this Act.  Provides that the form may, but need not, be used. 

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

SECTION 4.  Emergency clause.