Tex. Est. Code § 1104.353 · Subchapter H. GROUNDS FOR DISQUALIFICATION
NOTORIOUSLY BAD CONDUCT; PRESUMPTION CONCERNING BEST INTEREST.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person may not be appointed guardian if the person's conduct is notoriously bad.
(b) It is presumed to be not in the best interests of a ward or incapacitated person to appoint as guardian of the ward or incapacitated person a person who has been finally convicted of:
(1) any sexual offense, including sexual assault, aggravated sexual assault, and prohibited sexual conduct;
(2) aggravated assault;
(3) injury to a child, elderly individual, or disabled individual;
(4) abandoning or endangering a child, elderly individual, or disabled individual;
(5) terroristic threat; or
(6) continuous violence against the family of the ward or incapacitated person.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 14, eff. January 1, 2014.
Acts 2023, 88th Leg., R.S., Ch. 830 (H.B. 2187), Sec. 4, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1104.htm
- Text hash
- sha256 748f71b4516e2068e274123cd5d349aca9ea0e74b8c70b307787b09bd7c58bb2
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.