1. (a) The following may serve as custodian of a resident creditor under this section:

   1. (1) a parent of the creditor;
   2. (2) the unestranged spouse of the creditor; or

   3. (3) if there is no spouse and both of the creditor's parents are dead or nonresidents of this state, the person who:

      1. (A) resides in this state; and
      2. (B) has actual custody of the creditor.
2. (b) An unestranged spouse residing in this state shall be given priority over a creditor's parent to serve as custodian under this subchapter.

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.