Texas § 1104.353 NOTORIOUSLY BAD CONDUCT; PRESUMPTION CONCERNING BEST INTEREST.

Texas Statutes

§ 1104.353 — NOTORIOUSLY BAD CONDUCT; PRESUMPTION CONCERNING BEST INTEREST.

Texas § 1104.353

Code ESEstates Code

This text of Texas § 1104.353 (NOTORIOUSLY BAD CONDUCT; PRESUMPTION CONCERNING BEST INTEREST.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Estates Code Code Ann. § 1104.353 (2026).

Text

Sec. 1104.353. NOTORIOUSLY BAD CONDUCT; PRESUMPTION CONCERNING BEST INTEREST.

(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.

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Sec. 1104.353. NOTORIOUSLY BAD CONDUCT; PRESUMPTION CONCERNING BEST INTEREST. (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.

Legislative 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.