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SB746 • 2025
Relating to guardianship matters.
This bill passed the Legislature and reached final enactment based on the latest official action.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Relating to guardianship matters.
Signed by the Governor
Effective on 9/1/25
Signed in the Senate
Signed in the House
Sent to the Governor
House passage reported
Reported enrolled
Read 3rd time
Passed
Record vote. RV#2910
Statement(s) of vote recorded in Journal
Laid out in lieu of companion. HB 1954
Read 2nd time
Passed to 3rd reading
Record vote. RV#2707
Statement(s) of vote recorded in Journal
Comte report filed with Committee Coordinator
Committee report distributed
Committee report sent to Calendars
Recalled from subcommittee
Considered in formal meeting
Reported favorably w/o amendment(s)
Scheduled for public hearing in s/c on . . .
Subcommittee meeting cancelled
Read first time
Referred to s/c on Family & Fiduciary Relationships by Speaker
Received from the Senate
Placed on local & uncontested calendar
Laid before the Senate
Read 2nd time & passed to engrossment
Vote recorded in Journal
Three day rule suspended
Record vote
Read 3rd time
Passed
Record vote
Reported engrossed
Not again placed on intent calendar
Placed on intent calendar
Reported favorably as substituted
Recommended for local & uncontested calendar
Committee report printed and distributed
Considered in public hearing
Vote taken in committee
Scheduled for public hearing on . . .
Considered in public hearing
Testimony taken in committee
Left pending in committee
Read first time
Referred to Jurisprudence
Received by the Secretary of the Senate
Filed
Relating to guardianship matters.
89(R) SB 746 - Enrolled version - Bill 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