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  H.B. No. 417
 
 
 
 
AN ACT
  relating to guardianship matters and proceedings.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 645, Texas Probate Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  The term of appointment of a guardian ad litem made in a
  proceeding for the appointment of a guardian expires, without a
  court order, on the date the court either appoints a guardian or
  denies the application for appointment of a guardian, unless the
  court determines that the continued appointment of the guardian ad
  litem is in the ward's best interest.
         SECTION 2.  Section 646, Texas Probate Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  The term of appointment of an attorney ad litem
  appointed under this section expires, without a court order, on the
  date the court either appoints a guardian or denies the application
  for appointment of a guardian, unless the court determines that the
  continued appointment of the attorney ad litem is in the ward's best
  interest.
         SECTION 3.  Section 665A, Texas Probate Code, is amended to
  read as follows:
         Sec. 665A.  PAYMENT FOR PROFESSIONAL SERVICES.  The court
  shall order the payment of a fee set by the court as compensation to
  the attorneys, mental health professionals, and interpreters
  appointed under [Section 646 or 687 of] this chapter [code], as
  applicable, to be taxed as costs in the case. If after examining
  the proposed ward's assets the court determines the proposed ward
  is unable to pay for services provided by an attorney, a mental
  health professional, or an interpreter appointed under [Section 646
  or 687 of] this chapter [code], as applicable, the county is
  responsible for the cost of those services.
         SECTION 4.  Section 682, Texas Probate Code, is amended to
  read as follows:
         Sec. 682.  APPLICATION; CONTENTS.  Any person may commence
  a proceeding for the appointment of a guardian by filing a written
  application in a court having jurisdiction and venue. The
  application must be sworn to by the applicant and state:
               (1)  the name, sex, date of birth, and address of the
  proposed ward;
               (2)  the name, relationship, and address of the person
  the applicant desires to have appointed as guardian;
               (3)  whether guardianship of the person or estate, or
  both, is sought;
               (4)  the nature and degree of the alleged incapacity,
  the specific areas of protection and assistance requested, and the
  limitation or termination of rights requested to be included in the
  court's order of appointment, including a termination of:
                     (A)  the right of a proposed ward who is 18 years
  of age or older to vote in a public election; and
                     (B)  the proposed ward's eligibility to hold or
  obtain a license to operate a motor vehicle under Chapter 521,
  Transportation Code;
               (5)  the facts requiring that a guardian be appointed
  and the interest of the applicant in the appointment;
               (6)  the nature and description of any guardianship of
  any kind existing for the proposed ward in any other state;
               (7)  the name and address of any person or institution
  having the care and custody of the proposed ward;
               (8)  the approximate value and description of the
  proposed ward's property, including any compensation, pension,
  insurance, or allowance to which the proposed ward may be entitled;
               (9)  the name and address of any person whom the
  applicant knows to hold a power of attorney signed by the proposed
  ward and a description of the type of power of attorney;
               (10)  if the proposed ward is a minor and if known by
  the applicant:
                     (A)  the name of each parent of the proposed ward
  and state the parent's address or that the parent is deceased;
                     (B)  the name and age of each sibling, if any, of
  the proposed ward and state the sibling's address or that the
  sibling is deceased; and
                     (C)  if each of the proposed ward's parents and
  siblings are deceased, the names and addresses of the proposed
  ward's next of kin who are adults;
               (11)  if the proposed ward is a minor, whether the minor
  was the subject of a legal or conservatorship proceeding within the
  preceding two-year period and, if so, the court involved, the
  nature of the proceeding, and the final disposition, if any, of the
  proceeding;
               (12)  if the proposed ward is an adult and if known by
  the applicant:
                     (A)  the name of the proposed ward's spouse, if
  any, and state the spouse's address or that the spouse is deceased;
                     (B)  the name of each of the proposed ward's
  parents and state the parent's address or that the parent is
  deceased;
                     (C)  the name and age of each of the proposed
  ward's siblings, if any, and state the sibling's address or that the
  sibling is deceased;
                     (D)  the name and age of each of the proposed
  ward's children, if any, and state the child's address or that the
  child is deceased; and
                     (E)  if the proposed ward's spouse and each of the
  proposed ward's parents, siblings, and children are deceased, or,
  if there is no spouse, parent, adult sibling, or adult child, the
  names and addresses of the proposed ward's next of kin who are
  adults;
               (13)  facts showing that the court has venue over the
  proceeding; and
               (14)  if applicable, that the person whom the applicant
  desires to have appointed as a guardian is a private professional
  guardian who is certified under Subchapter C, Chapter 111,
  Government Code, and has complied with the requirements of Section
  697 of this code.
         SECTION 5.  Section 683, Texas Probate Code, is amended to
  read as follows:
         Sec. 683.  COURT'S INITIATION OF GUARDIANSHIP PROCEEDINGS.  
  (a)  If a court has probable cause to believe that a person
  domiciled or found in the county in which the court is located is an
  incapacitated person, and the person does not have a guardian in
  this state, the court shall appoint a guardian ad litem or court
  investigator to investigate the person's conditions and
  circumstances to determine whether the person is an incapacitated
  person and whether a guardianship is necessary.  If after the
  investigation the guardian ad litem or court investigator believes
  that the person is an incapacitated person and that a guardianship
  is necessary, the guardian ad litem or court investigator shall
  [and] file an application for the appointment of a guardian of the
  person or estate, or both, for [of] the person [believed to be
  incapacitated].
         (b)  To establish probable cause under this section, the
  court may require:
               (1)  an information letter about the person believed to
  be incapacitated that is submitted by an interested person and
  satisfies the requirements of Section 683A of this code; or
               (2)  a written letter or certificate from a physician
  who has examined the person believed to be incapacitated that
  satisfies the requirements of Section 687(a) of this code, except
  that the letter must be dated not earlier than the 120th day before
  the date of the appointment of a guardian ad litem or court
  investigator [filing of an application] under Subsection (a) of
  this section and be based on an examination the physician performed
  not earlier than the 120th day before that date.
         (c)  A court that appoints a guardian ad litem under
  Subsection (a) of this section [creates a guardianship for a ward
  under this chapter] may authorize compensation of the [a] guardian
  ad litem [who files an application under Subsection (a) of this
  section] from available funds of the proposed ward's estate,
  regardless of whether a guardianship is created for the proposed
  ward. If after examining the ward's or proposed ward's assets the
  court determines the ward or proposed ward is unable to pay for
  services provided by the guardian ad litem, the court may authorize
  compensation from the county treasury.
         SECTION 6.  Section 687(a), Texas Probate Code, is amended
  to read as follows:
         (a)  The court may not grant an application to create a
  guardianship for an incapacitated person, other than a minor,
  person whose alleged incapacity is mental retardation, or person
  for whom it is necessary to have a guardian appointed only to
  receive funds from a governmental source, unless the applicant
  presents to the court a written letter or certificate from a
  physician licensed in this state that is dated not earlier than the
  120th day before the date of the filing of the application and based
  on an examination the physician performed not earlier than the
  120th day before the date of the filing of the application. The
  letter or certificate must:
               (1)  describe the nature and degree of incapacity,
  including the medical history if reasonably available;
               (2)  provide a medical prognosis specifying the
  estimated severity of the incapacity;
               (3)  state how or in what manner the proposed ward's
  ability to make or communicate responsible decisions concerning
  himself or herself is affected by the person's physical or mental
  health;
               (4)  state whether any current medication affects the
  demeanor of the proposed ward or the proposed ward's ability to
  participate fully in a court proceeding;
               (5)  describe the precise physical and mental
  conditions underlying a diagnosis of senility, if applicable; [and]
               (6)  state whether in the physician's opinion the
  proposed ward:
                     (A)  has the mental capacity to vote in a public
  election; and
                     (B)  has the ability to safely operate a motor
  vehicle; and
               (7)  include any other information required by the
  court.
         SECTION 7.  Section 690, Texas Probate Code, is amended to
  read as follows:
         Sec. 690.  PERSONS APPOINTED GUARDIAN.  Only one person may
  be appointed as guardian of the person or estate, but one person may
  be appointed guardian of the person and another of the estate, if it
  is in the best interest of the ward. Nothing in this section
  prohibits the joint appointment, if the court finds it to be in the
  best interest of the ward, of:
               (1)  a husband and wife;
               (2)  [, of] joint managing conservators;
               (3)  [, or of] coguardians appointed under the laws of a
  jurisdiction other than this state; or
               (4)  both parents of an adult who is incapacitated if
  the incapacitated person:
                     (A)  has not been the subject of a suit affecting
  the parent-child relationship; or
                     (B)  has been the subject of a suit affecting the
  parent-child relationship and both of the incapacitated person's
  parents were named as joint managing conservators in the suit but
  are no longer serving in that capacity.
         SECTION 8.  Sections 693(a) and (b), Texas Probate Code, are
  amended to read as follows:
         (a)  If it is found that the proposed ward is totally without
  capacity [as provided by this code] to care for himself or herself, 
  [and] to manage the individual's property, to operate a motor
  vehicle, and to vote in a public election, the court may appoint a
  guardian of the individual's person or estate, or both, with full
  authority over the incapacitated person except as provided by law.
  An order appointing a guardian under this subsection must contain
  findings of fact and specify:
               (1)  the information required by Subsection (c) of this
  section;
               (2)  that the guardian has full authority over the
  incapacitated person; [and]
               (3)  if necessary, the amount of funds from the corpus
  of the person's estate the court will allow the guardian to expend
  for the education and maintenance of the person under Section 776 of
  this code;
               (4)  whether the person is totally incapacitated
  because of a mental condition; and
               (5)  that the person does not have the capacity to
  operate a motor vehicle and to vote in a public election.
         (b)  If it is found that the person lacks the capacity to do
  some, but not all, of the tasks necessary to care for himself or
  herself or to manage the individual's property, the court may
  appoint a guardian with limited powers and permit the individual to
  care for himself or herself or to manage the individual's property
  commensurate with the individual's ability.  An order appointing a
  guardian under this subsection must contain findings of fact and
  specify:
               (1)  the information required by Subsection (c) of this
  section;
               (2)  the specific powers, limitations, or duties of the
  guardian with respect to the care of the person or the management of
  the person's property by the guardian; [and]
               (3)  if necessary, the amount of funds from the corpus
  of the person's estate the court will allow the guardian to expend
  for the education and maintenance of the person under Section 776 of
  this code; and
               (4)  whether the person is incapacitated because of a
  mental condition and, if so, whether the person retains the right to
  vote in a public election or maintains eligibility to hold or obtain
  a license to operate a motor vehicle under Chapter 521,
  Transportation Code.
         SECTION 9.  Section 694C, Texas Probate Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  An attorney ad litem appointed under this section is
  entitled to reasonable compensation for services in the amount set
  by the court to be taxed as costs in the proceeding, regardless of
  whether the proceeding results in the restoration of the ward's
  capacity or a modification of the ward's guardianship.
         SECTION 10.  Sections 694G and 694H, Texas Probate Code, are
  amended to read as follows:
         Sec. 694G.  ORDER OF COMPLETE RESTORATION OF WARD'S
  CAPACITY.  If the court finds that a ward is no longer an
  incapacitated person, the order completely restoring the ward's
  capacity must contain findings of fact and specify:
               (1)  the information required by Section 694J of this
  code;
               (2)  that the ward is no longer an incapacitated
  person;
               (3)  that there is no further need for a guardianship of
  the person or estate of the ward;
               (3-a)  if the ward's incapacity resulted from a mental
  condition, that the ward's mental capacity is completely restored;
               (4)  that the guardian is required to:
                     (A)  immediately settle the guardianship in
  accordance with this chapter; and
                     (B)  deliver all of the remaining guardianship
  estate to the ward; and
               (5)  that the clerk shall revoke letters of
  guardianship when the guardianship is finally settled and closed.
         Sec. 694H.  MODIFICATION OF GUARDIANSHIP.  If the court
  finds that a guardian's powers or duties should be expanded or
  limited, the order modifying the guardianship must contain findings
  of fact and specify:
               (1)  the information required by Section 694J of this
  code;
               (2)  the specific powers, limitations, or duties of the
  guardian with respect to the care of the ward or the management of
  the property of the ward, as appropriate;
               (3)  the specific areas of protection and assistance to
  be provided to the ward;
               (4)  any limitation of the ward's rights; [and]
               (5)  if the ward's incapacity resulted from a mental
  condition, whether the ward retains the right to vote; and
               (6)  that the clerk shall modify the letters of
  guardianship to the extent applicable to conform to the order.
         SECTION 11.  Subpart A, Part 3, Chapter XIII, Texas Probate
  Code, is amended by adding Section 694L to read as follows:
         Sec. 694L.  PAYMENT FOR GUARDIANS AD LITEM.  As provided by
  Section 645(b) of this code, a guardian ad litem appointed in a
  proceeding involving the complete restoration of a ward's capacity
  or modification of a ward's guardianship is entitled to reasonable
  compensation for services in the amount set by the court to be taxed
  as costs in the proceeding, regardless of whether the proceeding
  results in the restoration of the ward's capacity or modification
  of the ward's guardianship.
         SECTION 12.  Section 695(a), Texas Probate Code, is amended
  to read as follows:
         (a)  If a guardian dies, resigns, or is removed, the court
  may, on application and on service of notice as directed by the
  court, appoint a successor guardian. On a finding that a necessity
  for the immediate appointment of a successor guardian exists, the
  court may appoint a successor guardian without citation or notice.
         SECTION 13.  Sections 759(a) and (f), Texas Probate Code,
  are amended to read as follows:
         (a)  In case of the death of the guardian of the person or of
  the estate of a ward, a personal representative of the deceased
  guardian shall account for, pay, and deliver to a person legally
  entitled to receive the property, all the property belonging to the
  guardianship that is entrusted to the care of the representative,
  at the time and in the manner as the court orders. [On a finding
  that a necessity for the immediate appointment of a successor
  guardian exists, the court may appoint a successor guardian without
  citation or notice.]
         (f)  Except when otherwise expressly provided in this
  chapter, letters may not be revoked [and other letters granted]
  except on application, and after personal service of citation on
  the person[, if living,] whose letters are sought to be revoked,
  that the person appear and show cause why the application should not
  be granted.
         SECTION 14.  Section 760(b), Texas Probate Code, is amended
  to read as follows:
         (b)  If the necessity exists, the court may immediately
  accept a resignation and appoint a successor without citation or
  notice but may not discharge the person resigning as guardian of the
  estate or release the person or the sureties on the person's bond
  until final order or judgment is rendered on the final account of
  the guardian.
         SECTION 15.  Sections 761(c) and (f), Texas Probate Code,
  are amended to read as follows:
         (c)  The court may remove a guardian on its own motion, or on
  the complaint of an interested person, after the guardian has been
  cited by personal service to answer at a time and place set in the
  notice, when:
               (1)  sufficient grounds appear to support belief that
  the guardian has misapplied, embezzled, or removed from the state,
  or that the guardian is about to misapply, embezzle, or remove from
  the state, all or any part of the property committed to the care of
  the guardian;
               (2)  the guardian fails to return any account or report
  that is required by law to be made;
               (3)  the guardian fails to obey any proper order of the
  court having jurisdiction with respect to the performance of the
  guardian's duties;
               (4)  the guardian is proved to have been guilty of gross
  misconduct or mismanagement in the performance of the duties of the
  guardian;
               (5)  the guardian becomes incapacitated, or is
  sentenced to the penitentiary, or from any other cause becomes
  incapable of properly performing the duties of the guardian's
  trust;
               (6)  the guardian neglects or cruelly treats the ward;
               (6-a)  the guardian neglects to educate or maintain the
  ward as liberally as the means of the ward's estate and the ward's
  ability or condition permit;
               (7)  the guardian interferes with the ward's progress
  or participation in programs in the community;
               (8)  the guardian fails to comply with the requirements
  of Section 697 of this code; [or]
               (9)  the court determines that, because of the
  dissolution of the joint guardians' marriage, the termination of
  the guardians' joint appointment and the continuation of only one
  of the joint guardians as the sole guardian is in the best interest
  of the ward; or
               (10)  the guardian would be ineligible for appointment
  as a guardian under Section 681 of this code.
         (f)  If the necessity exists, the court may immediately
  appoint a successor without citation or notice but may not
  discharge the person removed as guardian of the estate or release
  the person or the sureties on the person's bond until final order or
  judgment is rendered on the final account of the guardian.
         SECTION 16.  Section 823, Texas Probate Code, is amended to
  read as follows:
         Sec. 823.  CITATION [AND RETURN] ON APPLICATION. On the
  filing of an application for the sale of real estate under Section
  820 of this code and exhibit, the clerk shall issue a citation to
  all persons interested in the guardianship that describes the land
  or interest or part of the land or interest sought to be sold and
  that informs [requires] the persons of the right under Section 824
  of this code to file an opposition to the sale during the period
  prescribed by the court [to appear at the time set by the court] as
  shown in the citation [and show cause why the sale should not be
  made], if they so elect. Service of citation shall be by posting.
         SECTION 17.  Section 824, Texas Probate Code, is amended to
  read as follows:
         Sec. 824.  OPPOSITION TO APPLICATION. When an application
  for an order of sale is made, a person interested in the
  guardianship[, before an order of sale is made by the court,] may,
  during the period provided in the citation issued under Section 823
  of this code, file the person's opposition to the sale, in writing,
  or may make application for the sale of other property of the
  estate.
         SECTION 18.  Subpart H, Part 4, Chapter XIII, Texas Probate
  Code, is amended by adding Section 824A to read as follows:
         Sec. 824A.  HEARING ON APPLICATION AND ANY OPPOSITION. (a)  
  The clerk of a court in which an application for an order of sale is
  filed shall immediately call to the attention of the judge any
  opposition to the sale that is filed during the period provided in
  the citation issued under Section 823 of this code. The court shall
  hold a hearing on an application if an opposition to the sale is
  filed during the period provided in the citation.
         (b)  A hearing on an application for an order of sale is not
  required under this section if no opposition to the application is
  filed during the period provided in the citation. The court, in its
  discretion, may determine that a hearing is necessary on the
  application even if no opposition was filed during that period.
         (c)  If the court orders a hearing under Subsection (a) or
  (b) of this section, the court shall designate in writing a date and
  time for hearing the application and any opposition, together with
  the evidence pertaining to the application and opposition. The
  clerk shall issue a notice to the applicant and to each person who
  files an opposition to the sale, if applicable, of the date and time
  of the hearing.
         (d)  The judge may, by entries on the docket, continue a
  hearing held under this section from time to time until the judge is
  satisfied concerning the application.
         SECTION 19.  Section 825, Texas Probate Code, is amended to
  read as follows:
         Sec. 825.  ORDER OF SALE.  If satisfied [on hearing] that the
  sale of the property of the guardianship described in the
  application made under Section 820 of this code is necessary or
  advisable, the court shall order the sale to be made. Otherwise,
  the court may deny the application and, if the court deems best, may
  order the sale of other property the sale of which would be more
  advantageous to the estate. An order for the sale of real estate
  must specify:
               (1)  the property to be sold, giving a description that
  will identify the property;
               (2)  whether the property is to be sold at public
  auction or at private sale, and, if at public auction, the time and
  place of the sale;
               (3)  the necessity or advisability of the sale and its
  purpose;
               (4)  except in cases in which no general bond is
  required, that, having examined the general bond of the
  representative of the estate, the court finds it to be sufficient as
  required by law, or finds the bond to be insufficient and specifies
  the necessary or increased bond;
               (5)  that the sale shall be made and the report returned
  in accordance with law; and
               (6)  the terms of the sale.
         SECTION 20.  Section 855B, Texas Probate Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (a-1) to
  read as follows:
         (a)  Not later than the 180th day after the date on which the
  guardian of the estate qualified as guardian or another date
  specified by the court, the guardian shall:
               (1)  have estate assets invested according to Section
  855(b) of this code; or
               (2) file a written application with the court for an
  order:
                     (A) [(1)]  authorizing the guardian to:
                           (i) [(A)] develop and implement an
  investment plan for estate assets;
                           (ii) [(B)] invest in or sell securities under
  an investment plan developed under Subparagraph (i) [Paragraph (A)]
  of this paragraph [subdivision];
                           (iii) [(C)] declare that one or more estate
  assets must be retained, despite being underproductive with respect
  to income or overall return; or
                           (iv) [(D)] loan estate funds, invest in real
  estate or make other investments, or purchase a life, term, or
  endowment insurance policy or an annuity contract; or
                     (B) [(2)] modifying or eliminating the guardian's
  duty to invest the estate.
         (a-1)  The court may approve an investment plan under
  Subsection (a)(2) of this section without a hearing.
         (b)  If the court determines [On hearing the application
  under this section and on a finding by the preponderance of the
  evidence] that the action requested in the application is in the
  best interests of the ward and the ward's estate, the court shall
  render an order granting the authority requested in the application
  or an order modifying or eliminating the guardian's duty to keep the
  estate invested.  An [The] order under this subsection must state in
  reasonably specific terms:
               (1)  the nature of the investment, investment plan, or
  other action requested in the application and authorized by the
  court, including, if applicable, the authority to invest in and
  sell securities in accordance with the objectives of the investment
  plan;
               (2)  when an investment must be reviewed and
  reconsidered by the guardian; and
               (3)  whether the guardian must report the guardian's
  review and recommendations to the court.
         SECTION 21.  Chapter 1, Election Code, is amended by adding
  Section 1.020 to read as follows:
         Sec. 1.020.  VOTING DISABILITY OR CANDIDACY
  DISQUALIFICATION: DETERMINATION OF MENTAL INCAPACITY. (a)  A
  person determined to be totally mentally incapacitated by a court
  exercising probate jurisdiction is not subject to a voting
  disability or candidacy disqualification under this code if,
  subsequent to that determination, the person's mental capacity has
  been completely restored by a final judgment of a court exercising
  probate jurisdiction.
         (b)  A person determined to be partially mentally
  incapacitated without the right to vote by a court exercising
  probate jurisdiction is not subject to a voting disability or
  candidacy disqualification under this code if, subsequent to that
  determination, the person's guardianship has been modified to
  include the right to vote or the person's mental capacity has been
  completely restored by a final judgment of a court exercising
  probate jurisdiction.
         SECTION 22.  Section 11.002, Election Code, is amended to
  read as follows:
         Sec. 11.002.  QUALIFIED VOTER.  In this code, "qualified
  voter" means a person who:
               (1)  is 18 years of age or older;
               (2)  is a United States citizen;
               (3)  has not been determined [mentally incompetent] by
  a final judgment of a court exercising probate jurisdiction to be:
                     (A)  totally mentally incapacitated; or
                     (B)  partially mentally incapacitated without the
  right to vote;
               (4)  has not been finally convicted of a felony or, if
  so convicted, has:
                     (A)  fully discharged the person's sentence,
  including any term of incarceration, parole, or supervision, or
  completed a period of probation ordered by any court; or
                     (B)  been pardoned or otherwise released from the
  resulting disability to vote;
               (5)  is a resident of this state; and
               (6)  is a registered voter.
         SECTION 23.  Section 13.001(a), Election Code, is amended to
  read as follows:
         (a)  To be eligible for registration as a voter in this
  state, a person must:
               (1)  be 18 years of age or older;
               (2)  be a United States citizen;
               (3)  not have been determined [mentally incompetent] by
  a final judgment of a court exercising probate jurisdiction to be:
                     (A)  totally mentally incapacitated; or
                     (B)  partially mentally incapacitated without the
  right to vote;
               (4)  not have been finally convicted of a felony or, if
  so convicted, must have:
                     (A)  fully discharged the person's sentence,
  including any term of incarceration, parole, or supervision, or
  completed a period of probation ordered by any court; or
                     (B)  been pardoned or otherwise released from the
  resulting disability to vote; and
               (5)  be a resident of the county in which application
  for registration is made.
         SECTION 24.  Section 13.002, Election Code, is amended by
  amending Subsection (c) and adding Subsections (e) and (f) to read
  as follows:
         (c)  A registration application must include:
               (1)  the applicant's first name, middle name, if any,
  last name, and former name, if any;
               (2)  the month, day, and year of the applicant's birth;
               (3)  a statement that the applicant is a United States
  citizen;
               (4)  a statement that the applicant is a resident of the
  county;
               (5)  a statement that the applicant has not been
  determined [mentally incompetent] by a final judgment of a court
  exercising probate jurisdiction to be:
                     (A)  totally mentally incapacitated; or
                     (B)  partially mentally incapacitated without the
  right to vote;
               (6)  a statement that the applicant has not been
  finally convicted of a felony or that the applicant is a felon
  eligible for registration under Section 13.001;
               (7)  the applicant's residence address or, if the
  residence has no address, the address at which the applicant
  receives mail and a concise description of the location of the
  applicant's residence;
               (8)  the following information:
                     (A)  the applicant's Texas driver's license number
  or the number of a personal identification card issued by the
  Department of Public Safety or a statement by the applicant that the
  applicant has not been issued a driver's license or personal
  identification card; or
                     (B)  if the applicant has not been issued a number
  described by Paragraph (A), the last four digits of the applicant's
  social security number or a statement by the applicant that the
  applicant has not been issued a social security number;
               (9)  if the application is made by an agent, a statement
  of the agent's relationship to the applicant; and
               (10)  the city and county in which the applicant
  formerly resided.
         (e)  Instead of the statement required by Subsection (c)(5),
  an applicant who has been determined to be totally mentally
  incapacitated by a court and who is eligible to register because of
  Section 1.020(a) shall include in the application a statement that
  the person's mental capacity has been completely restored by a
  final judgment of a court.
         (f)  Instead of the statement required by Subsection (c)(5),
  an applicant who has been determined to be partially mentally
  incapacitated without the right to vote by a court and who is
  eligible to register because of Section 1.020(b) shall include in
  the application a statement that the person's guardianship has been
  modified to include the right to vote or the person's mental
  capacity has been completely restored, as applicable, by a final
  judgment of a court.
         SECTION 25.  The heading to Section 16.002, Election Code,
  is amended to read as follows:
         Sec. 16.002.  MENTAL INCAPACITY [INCOMPETENCE].
         SECTION 26.  Section 16.002(a), Election Code, is amended to
  read as follows:
         (a)  Each month the clerk of each court having proper
  jurisdiction to adjudge a person mentally incapacitated
  [incompetent] shall prepare an abstract of each final judgment of a
  court served by the clerk, occurring in the month:
               (1) [,]  adjudging a person 18 years of age or older who
  is a resident of the state to be:
                     (A)  totally mentally incapacitated; or
                     (B)  partially mentally incapacitated without the
  right to vote;
               (2)  adjudging the mental capacity of a person 18 years
  of age or older who is a resident of this state to be completely
  restored; or
               (3)  modifying the guardianship of a person 18 years of
  age or older to include the right to vote [incompetent].
         SECTION 27.  Section 16.031(a), Election Code, is amended to
  read as follows:
         (a)  The registrar shall cancel a voter's registration
  immediately on receipt of:
               (1)  notice under Section 13.072(b) or 15.021 or a
  response under Section 15.053 that the voter's residence is outside
  the county;
               (2)  an abstract of the voter's death certificate under
  Section 16.001(a) or an abstract of an application indicating that
  the voter is deceased under Section 16.001(b);
               (3)  an abstract of a final judgment of the voter's
  total mental incapacity, partial mental incapacity without the
  right to vote [incompetence], conviction of a felony, or
  disqualification under Section 16.002, 16.003, or 16.004;
               (4)  notice under Section 112.012 that the voter has
  applied for a limited ballot in another county;
               (5)  notice from a voter registration official in
  another state that the voter has registered to vote outside this
  state; or
               (6)  notice from the secretary of state that the voter
  has registered to vote in another county, as determined by the
  voter's driver's license number or personal identification card
  number issued by the Department of Public Safety or social security
  number.
         SECTION 28.  Section 141.001(a), Election Code, is amended
  to read as follows:
         (a)  To be eligible to be a candidate for, or elected or
  appointed to, a public elective office in this state, a person must:
               (1)  be a United States citizen;
               (2)  be 18 years of age or older on the first day of the
  term to be filled at the election or on the date of appointment, as
  applicable;
               (3)  have not been determined [mentally incompetent] by
  a final judgment of a court exercising probate jurisdiction to be:
                     (A)  totally mentally incapacitated; or
                     (B)  partially mentally incapacitated without the
  right to vote;
               (4)  have not been finally convicted of a felony from
  which the person has not been pardoned or otherwise released from
  the resulting disabilities;
               (5)  have resided continuously in the state for 12
  months and in the territory from which the office is elected for six
  months immediately preceding the following date:
                     (A)  for a candidate whose name is to appear on a
  general primary election ballot, the date of the regular filing
  deadline for a candidate's application for a place on the ballot;
                     (B)  for an independent candidate, the date of the
  regular filing deadline for a candidate's application for a place
  on the ballot;
                     (C)  for a write-in candidate, the date of the
  election at which the candidate's name is written in;
                     (D)  for a party nominee who is nominated by any
  method other than by primary election, the date the nomination is
  made; and
                     (E)  for an appointee to an office, the date the
  appointment is made; and
               (6)  satisfy any other eligibility requirements
  prescribed by law for the office.
         SECTION 29.  Section 141.031, Election Code, is amended to
  read as follows:
         Sec. 141.031.  GENERAL REQUIREMENTS FOR APPLICATION.  (a) A
  candidate's application for a place on the ballot that is required
  by this code must:
               (1)  be in writing;
               (2)  be signed and sworn to by the candidate and
  indicate the date that the candidate swears to the application;
               (3)  be timely filed with the appropriate authority;
  and
               (4)  include:
                     (A)  the candidate's name;
                     (B)  the candidate's occupation;
                     (C)  the office sought, including any place number
  or other distinguishing number;
                     (D)  an indication of whether the office sought is
  to be filled for a full or unexpired term if the office sought and
  another office to be voted on have the same title but do not have
  place numbers or other distinguishing numbers;
                     (E)  a statement that the candidate is a United
  States citizen;
                     (F)  a statement that the candidate has not been
  determined [mentally incompetent] by a final judgment of a court
  exercising probate jurisdiction to be:
                           (i)  totally mentally incapacitated; or
                           (ii)  partially mentally incapacitated
  without the right to vote;
                     (G)  a statement that the candidate has not been
  finally convicted of a felony from which the candidate has not been
  pardoned or otherwise released from the resulting disabilities;
                     (H)  the candidate's date of birth;
                     (I)  the candidate's residence address or, if the
  residence has no address, the address at which the candidate
  receives mail and a concise description of the location of the
  candidate's residence;
                     (J)  the candidate's length of continuous
  residence in the state and in the territory from which the office
  sought is elected as of the date the candidate swears to the
  application;
                     (K)  the statement: "I, __________, of __________
  County, Texas, being a candidate for the office of __________,
  swear that I will support and defend the constitution and laws of
  the United States and of the State of Texas"; and
                     (L)  a statement that the candidate is aware of
  the nepotism law, Chapter 573, Government Code.
         (b)  Instead of the statement required by Subsection
  (a)(4)(F), a candidate eligible for office because of Section
  1.020(a) shall include in the application a statement that the
  person's mental capacity has been completely restored by a final
  judgment of a court.
         (c)  Instead of the statement required by Subsection
  (a)(4)(F), a candidate eligible for office because of Section
  1.020(b) shall include in the application a statement that the
  person's guardianship has been modified to include the right to
  vote or the person's mental capacity has been completely restored,
  as applicable, by a final judgment of a court.
         SECTION 30.  Section 143.005(b), Election Code, is amended
  to read as follows:
         (b)  If a city charter prescribes the requirements that a
  candidate's application must satisfy for the candidate's name to be
  placed on the ballot, Section 141.031(a)(4)(L) [141.031(4)(L)]
  also applies to the application. The other provisions of Section
  141.031 do not apply.
         SECTION 31.  Section 144.003(b), Election Code, is amended
  to read as follows:
         (b)  If a law outside this code purports to prescribe the
  exclusive requirements that a candidate's application must satisfy
  for the candidate's name to be placed on the ballot, Section
  141.031(a)(4)(L) [141.031(4)(L)] also applies to the application.
  The other provisions of Section 141.031 do not apply.
         SECTION 32.  Section 192.032(b), Election Code, is amended
  to read as follows:
         (b)  An application must:
               (1)  comply with Section 141.031, except that:
                     (A)  the application is not required to include a
  candidate's occupation, length of residence, or statement that the
  candidate is aware of the nepotism law; and
                     (B)  the application must contain the applicable
  information required by Section 141.031(a)(4) [141.031(4)] with
  respect to both the presidential candidate and the running mate;
               (2)  state the names and residence addresses of
  presidential elector candidates in a number equal to the number of
  presidential electors that federal law allocates to the state; and
               (3)  be accompanied by:
                     (A)  a petition that satisfies the requirements
  prescribed by Section 141.062; and
                     (B)  written statements signed by the
  vice-presidential candidate and each of the presidential elector
  candidates indicating that each of them consents to be a candidate.
         SECTION 33.  Section 822, Texas Probate Code, is repealed.
         SECTION 34.  (a) Sections 645(f) and 646(e), Texas Probate
  Code, as added by this Act, apply only to a guardianship proceeding
  for which a court has appointed a guardian ad litem or attorney ad
  litem to represent the interests of a person on or after the
  effective date of this Act.
         (b)  The changes in law made by this Act to Section 665A,
  Texas Probate Code, apply only to a guardianship proceeding for
  which a court has appointed an attorney, mental health
  professional, or interpreter to represent the interests of a
  person:
               (1)  on or after the effective date of this Act; or
               (2)  before the effective date of this Act if the
  proceeding is pending on the effective date of this Act.
         (c)  The changes in law made by this Act to Section 683, Texas
  Probate Code, apply only to the appointment of a guardian ad litem
  or court investigator made on or after the effective date of this
  Act. The appointment of a guardian ad litem or court investigator
  made before the effective date of this Act is governed by the law in
  effect on the date of appointment, and the former law is continued
  in effect for that purpose.
         (d)  The changes in law made by this Act to Sections 694C,
  694G, and 694H, Texas Probate Code, and Section 694L, Texas Probate
  Code, as added by this Act, apply only to an application for the
  restoration of a ward's capacity or the modification of a ward's
  guardianship that is filed on or after the effective date of this
  Act. An application for the restoration of a ward's capacity or the
  modification of a ward's guardianship that is 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.
         (e)  The changes in law made by this Act to Sections 682,
  687(a), 690, 693, and 855B, Texas Probate Code, 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.
         (f)  The changes in law made by this Act to Sections 695(a)
  and 759(f), Texas Probate Code, apply only to an application for the
  appointment of a successor guardian filed on or after the effective
  date of this Act. An application for the appointment of a successor
  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.
         (g)  The changes in law made by this Act to Section 760, Texas
  Probate Code, apply only to an application for resignation filed on
  or after the effective date of this Act. An application for
  resignation 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.
         (h)  The changes in law made by this Act to Section 761(f),
  Texas Probate Code, apply only to a motion for the removal of a
  guardian made or filed on or after the effective date of this Act. A
  motion for the removal of a guardian made or filed before the
  effective date of this Act is governed by the law in effect on the
  date the motion was made or filed, and the former law is continued
  in effect for that purpose.
         (i)  The changes in law made by this Act to Sections 823, 824,
  and 825, Texas Probate Code, apply only to an application for the
  sale of real property filed on or after the effective date of this
  Act. An application for the sale of real property 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.
         (j)  The changes in law made by this Act to the Election Code
  apply only to an order issued or judgment entered by a court on or
  after the effective date of this Act.  An order issued or judgment
  entered by a court before the effective date of this Act is governed
  by the law as it existed immediately before the effective date of
  this Act, and the former law is continued in effect for that
  purpose.
         SECTION 35.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 417 was passed by the House on March
  15, 2007, by the following vote:  Yeas 146, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 417 on May 17, 2007, by the following vote:  Yeas 146, Nays 0, 1
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 417 was passed by the Senate, with
  amendments, on May 15, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor