Bill Text: TX HB266 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the required filing and use of an affidavit containing the contact information of certain persons in a guardianship proceeding.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-05-23 - Effective on 9/1/23 [HB266 Detail]
Download: Texas-2023-HB266-Enrolled.html
| H.B. No. 266 | ||
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| relating to the required filing and use of an affidavit containing | ||
| the contact information of certain persons in a guardianship | ||
| proceeding. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 1101, Estates Code, is | ||
| amended by adding Section 1101.003 to read as follows: | ||
| Sec. 1101.003. AFFIDAVIT CONTAINING CONTACT INFORMATION OF | ||
| CERTAIN PERSONS. (a) Within the time prescribed by the court, a | ||
| person who files an application under Section 1101.001 shall file | ||
| an affidavit with the court that states the name, address, | ||
| telephone number, e-mail address, and other contact information if | ||
| known by the applicant for each person entitled to notice under | ||
| Section 1051.104(a). | ||
| (b) An affidavit filed under this section is privileged and | ||
| confidential. The affidavit may not be released or otherwise | ||
| disclosed to the public. | ||
| (c) On qualification of a guardian, the court shall provide | ||
| a copy of the affidavit filed under this section to the guardian if | ||
| the guardian is not the person who filed the affidavit. | ||
| SECTION 2. Section 1151.056, Estates Code, is amended by | ||
| adding Subsection (h) to read as follows: | ||
| (h) Unless the guardian knows the information is not | ||
| correct, a guardian of a ward shall rely on the contact information | ||
| contained in the affidavit required by Section 1101.003 to provide | ||
| notice about the ward to a relative of the ward under this section. | ||
| SECTION 3. The changes in law made by this Act apply only to | ||
| an application for the appointment of a guardian filed on or after | ||
| the effective date of this Act. An application for the appointment | ||
| of a guardian filed before the effective date of this Act is | ||
| governed by the law in effect on the date the application was filed, | ||
| and the former law is continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 266 was passed by the House on April | ||
| 14, 2023, by the following vote: Yeas 139, Nays 4, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 266 was passed by the Senate on May 9, | ||
| 2023, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
