Relating to guardianship matters, the official text

S.B. No. 746

AN ACT

relating to guardianship matters.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1002.013, Estates Code, is amended to

read as follows:

Sec. 1002.013. GUARDIAN AD LITEM. "Guardian ad litem"

means a person appointed by a court to represent the best interests

of an incapacitated person or proposed ward in a guardianship

proceeding.

SECTION 2. Section 1054.051(a), Estates Code, is amended to

read as follows:

(a) Subject to Subsection (b), the judge may appoint a

guardian ad litem to represent the interests of an incapacitated

person or proposed ward in a guardianship proceeding.

SECTION 3. Section 1054.054(b), Estates Code, is amended to

read as follows:

(b) A guardian ad litem shall protect the incapacitated

person or proposed ward whose interests the guardian has been

appointed to represent in a manner that will enable the court to

determine the action that will be in that person's best interests.

SECTION 4. Section 1054.056(a), Estates Code, is amended to

read as follows:

(a) Subject to Subsection (b), a guardian ad litem appointed

under this subchapter or Section 1102.001 or 1202.054 to represent

the interests of an incapacitated person or proposed ward in a

guardianship proceeding involving the creation, modification, or

termination of a guardianship is not liable for civil damages

arising from a recommendation made or an opinion given in the

capacity of guardian ad litem.

SECTION 5. Section 1055.001(b), Estates Code, is amended to

read as follows:

(b) A person who has an interest that is adverse to a

proposed ward or incapacitated person may not:

(1) file an application to create a guardianship or

for the appointment of a guardian for the proposed ward or

incapacitated person;

(2) contest the creation of a guardianship for the

proposed ward or incapacitated person;

(3) contest the appointment of a person as a guardian

of the proposed ward or incapacitated person; [or]

(4) contest an application for complete restoration of

a ward's capacity or modification of a ward's guardianship; or

(5) file a motion or complaint to request the removal

of a guardian or contest the request for removal of a guardian.

SECTION 6. Section 1163.051, Estates Code, is amended by

adding Subsections (d) and (e) to read as follows:

(d) If the court approves the annual account, the court

shall enter an order to that effect.

(e) If the court does not approve the annual account, the

court shall enter an order to that effect and require the guardian

of the estate to file another annual account within a period

prescribed by the order, which may not be later than the 30th day

after the date the order is entered.

SECTION 7. Section 1163.104, Estates Code, is amended by

amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(a) If the judge is satisfied that the facts stated in the

report are true, the court shall approve the report and enter an

order to that effect.

(a-1) If the court does not approve the annual report, the

court shall enter an order to that effect and require the guardian

of the person to file another annual report within a period

prescribed by the order, which may not be later than the 30th day

after the date the order is entered.

SECTION 8. Sections 1054.051, 1054.054, 1054.056,

1055.001, 1163.051, and 1163.104, Estates Code, as amended by this

Act, apply to a guardianship proceeding that is pending or

commenced on or after the effective date of this Act.

SECTION 9. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I hereby certify that S.B. No. 746 passed the Senate on

April 10, 2025, by the following vote: Yeas 25, Nays 5.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 746 passed the House on

May 16, 2025, by the following vote: Yeas 122, Nays 0, one

present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor