H.B. No. 1317

RECEIVERSHIPS FOR MISSING PERSONS

Bill Description

Governor Bush signed HB 1317 on June 20, 1997. HB 1317 becomes effective on September 1, 1997.

HB 1317 removes the various provisions regarding a guardianship for a missing person from the Probate Code and establishes a new procedure for obtaining a receivership for the property of a missing person in Chapter 79 of the Human Resources Code.

The Senate Research Center's analysis of HB 1317 states:

In 1995, the temporary guardianship for persons missing as a result of violence was moved to the guardianship provisions of the Probate Code. The new provisions left out the language concerning "violence" as the reason for the person to be missing. The new provisions mandate service of process on the "missing person" to be made before such a guardianship could be created. The temporary nature of such guardianships was deleted from the new provisions. In addition, the new provisions conflict with the mandatory attorney ad litem requirement of the guardianship code and with provisions regarding findings by a probate court. This bill would revise the approach to guardianships for persons missing, whether by violence or other means.

PURPOSE

As proposed, H.B. 1317 revises the approach to guardianships for persons missing, whether by violence or other means.




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Copyright © 1997 by Glenn M. Karisch. This page was last revised on June 23, 1997.