SRC-SLL S.B. 318 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 318
By: Ellis
Jurisprudence
3-10-97
As Filed


DIGEST 

Currently, Texas law requires the guardian of a person to post a bond with
the probate court and to file an annual report on the status of the ward
with the court.  In many instances, the ward is permanently mentally
incapacitated and experiences very little change in condition over the
course of a year or several years, and there is no new information to
report to the court.  For many guardians, who are often the close
relatives of the ward, meeting these requirements is often an expensive
and burdensome process.  This bill will exempt certain guardians from the
requirement of posting a performance bond, if the best interest of the
ward does not require the bond, and will require certain guardians, at the
discretion of the court, to report to the court every three years, rather
than annually, on the status of the ward. 

PURPOSE

As proposed, S.B. 318 exempts certain guardians from the requirement of
posting a performance bond, if the best interest of the ward does not
require the bond, and requires certain guardians, at the discretion of the
court, to report to the court every three years, rather than annually, on
the status of the ward. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 702, Texas Probate Code, by amending Subsection
(a) and adding Subsection (d), to provide that a bond is not required to
be given by a guardian of the person of a ward who, because of a mental
condition, is substantially without capacity to care for himself or
herself and to manage the ward's property if the guardian is the ward's
spouse, parent, sibling, or child, and the court makes certain
determinations.  Makes a conforming change. 

SECTION 2. Amends Section 743, Texas Probate Code, by amending the section
heading and adding Subsection (j), as follows: 

Sec.  743.  New heading: REPORTS OF GUARDIANS OF THE PERSON OF CERTAIN
WARDS. 

(j)  Provides that this section does not apply to the guardian of a ward
who, because of a permanent mental condition, is substantially without
capacity to care for himself or herself and to manage the ward's property. 

SECTION 3. Amends Chapter XIII(4)(B), Texas Probate Code, by adding
Section 743A, as follows: 

Sec.  743A.  REPORTS OF GUARDIANS OF THE PERSON OF WARDS WITH MENTAL
INCAPACITIES.  Requires a guardian of the person of certain wards to file
a report that contains the information required by Sections 743(a) and (b)
of this code. Requires the guardian, if the ward is deceased, to provide
the court with the date and place of death, if known, in lieu of the
information about the ward otherwise required to be  provided in the
report.  Requires the initial report to cover a 12-month period that
begins on the date the guardian qualifies to serve.  Authorizes the court
to change a reporting period for purposes of this subsection.  Prohibits
the court from extending a reporting period so that it covers more than 12
months.  Requires the court to approve the report if the court is
satisfied that the facts stated in the report are true.  Requires the
court to issue orders as necessary for the best interests of the ward
unless the court is satisfied that the facts stated in the report are
true.  Requires the guardian, except as provided by Subsection (f) of this
section, to continue to file the report once each year for the duration of
the guardianship to the extent and in the same manner provided for by
Sections 743(g)-(i) of this code.  Requires the guardian to continue to
file the report once every three years for the duration of the
guardianship if certain conditions apply.  Requires the report required by
Subsection (f) of this section to cover a 12-month reporting period that
begins on the second anniversary of the date on which the preceding
reporting period ended.  Provides that each report is due not later than
the 60th day after the date on which the reporting period ends. 

SECTION 4. (a) Provides that this Act applies to certain applications for
the appointment of a guardian.   

(b) Requires an application described by Subsection (a)(2) of this section
to be modified to conform to the changes in law made by this Act. 

(c) Requires a guardianship existing on September 1, 1997 to be modified
to conform to the changes in law made by this Act. 

SECTION 5. Effective date: September 1, 1997.

SECTION 6. Emergency clause.