BILL ANALYSIS



H.B. 1195
By: Naishtat
5-6-95
Committee Report (Unamended)


BACKGROUND

Guardianships are created to protect the best interest of an
incapacitated person. In 1989 (73rd Legislative Session), the
Legislature amended the guardianship laws to establish a
presumption that appointing persons having certain types of
criminal convictions would not be in the best interest of a ward,
thereby disallowing persons with these convictions from serving as
guardians.  The provision essentially created a presumption that a
person convicted of any sexual offense, sexual assault, aggravated
assault, injury to a child, abandoning or endangering a child, or
incest, could never be operating in the best interest of a ward.
However, the presumption did not apply to persons convicted of
assaulting elderly or disabled persons. 


PURPOSE

To expand the presumption concerning the best interest of a ward to
preclude the appointment as guardian to persons having been
convicted of injury to an elderly individual, or to a disabled
individual. The courts should be able to find a person convicted of
these offenses ineligible to serve as guardian despite such person
having priority to serve as guardian under Texas law. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.


SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 678, Texas Probate Code, to include
persons convicted of an injury to an elderly individual or to a
disabled individual subject to the presumption against best
interest provision of guardianship law.

SECTION 2. Emergency clause - Effective immediately.

SUMMARY OF COMMITTEE ACTION

House Bill 1195 was considered by the Committee on Civil Practices
in a public hearing on March 22, 1995. No one testified in support
of, in opposition to or neutrally on the bill. The chair referred
the bill to a subcommittee consisting of Representatives Tillery
(chair), Culberson and Zbranek. H.B. 1195 was considered by the
subcommittee in a formal meeting on March 27, 1995. The bill was
reported favorably, without amendment, to the full committee by a
record vote of two ayes, zero nays, zero pnv and one absent. H.B.
1195 was considered on subcommittee report by the committee in a
formal meeting on May 5, 1995. The bill was reported favorably,
without amendment, with the recommendation that it do pass, be
printed and be sent to the Committee on Local and Consent Calendars
by a record vote of five ayes, zero nays, zero pnv and four absent.