2011 Legislation

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The 82nd Texas Legislature ended its regular session May 30, 2011. All probate, guardianship and trust bills passed during the session have been signed by the Governor, and most become effective September 1, 2011. One bill in the first called session (SB 1) contains guardianship changes and, as of July 8, 2011, was awaiting the Governor's signature. Each bill affecting probate, guardianship and trust law is listed below. Click here to search for a particular bill, or use the list of topics and key words to the right to find legislation.

Useful links:

Texas Legislature Online.
Glenn Karisch's 2011 Legislative Update.
Bill Pargaman's 2011 Legislative Update -- All of the bills, the full text of all of the changes to the probate and trust codes and helpful forms.
Top Ten Things to Do Now -- Glenn Karisch's list of ten things estate planning and probate attorneys should do to address the legislative changes taking effect September 1, 2011. Here are the pdf and blog versions.

All bills are labeled "Awaiting Governor's Signature," "Enacted," or "Did Not Pass."
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Entries in HB 2744 (1)

Wednesday

Mar092011

x-Did Not Pass: HB 2744 -- Procedural changes affecting guardianships

Caption: Relating to guardianships, including the functions of the Guardianship Certification Board.
Author: Lucio
Bill History
Bill Text

Relevance: This bill would amend 8 sections of the Probate Code to add procedural requirements in guardianships, including adding to the duties of the court investigator, requiring certain persons to be called as witnesses at hearings to appoint a guardian, adding to the list of persons entitled to notice of certain proceedings, requiring a full hearing with notice before a removed guardian is permanently replaced, and permitting a removed guardian who is a family member or friend to seek reinstatement if he or she is replaced by a private professional guardian.