By Ellis S.B. No. 318
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to bonds and reports required of guardians of persons with
1-3 mental incapacities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 702, Texas Probate Code, is amended by
1-6 amending Subsection (a) and adding Subsection (d) to read as
1-8 (a) Except as provided by [
Subsections (b) and (c) of] this
1-9 section, a guardian of the person or of the estate of a ward is
1-10 required to give bond.
1-11 (d) A bond is not required to be given by a guardian of the
1-12 person of a ward who, because of a mental condition, is
1-13 substantially without capacity to care for himself or herself and
1-14 to manage the ward's property if the guardian is the ward's spouse,
1-15 parent, sibling, or child and the court determines that:
1-16 (1) there is no reasonable expectation that the ward
1-17 will obtain or regain that capacity; and
1-18 (2) the ward's best interest does not require the
1-19 guardian to give the bond.
1-20 SECTION 2. Section 743, Texas Probate Code, is amended by
1-21 amending the section heading and adding Subsection (j) to read as
1-23 Sec. 743. Reports of Guardians of the Person OF CERTAIN
2-1 (j) This section does not apply to the guardian of a ward
2-2 who, because of a permanent mental condition, is substantially
2-3 without capacity to care for himself or herself and to manage the
2-4 ward's property.
2-5 SECTION 3. Subpart B, Part 4, Chapter XIII, Texas Probate
2-6 Code, is amended by adding Section 743A to read as follows:
2-7 Sec. 743A. REPORTS OF GUARDIANS OF THE PERSON OF WARDS WITH
2-8 MENTAL INCAPACITIES. (a) A guardian of the person of a ward who,
2-9 because of a permanent mental condition, is substantially without
2-10 capacity to care for himself or herself and to manage the ward's
2-11 property shall file a report that contains the information required
2-12 by Sections 743(a) and (b) of this code in the same manner provided
2-13 by those sections.
2-14 (b) If the ward is deceased, the guardian shall provide the
2-15 court with the date and place of death, if known, in lieu of the
2-16 information about the ward otherwise required to be provided in the
2-18 (c) The initial report must cover a 12-month reporting
2-19 period that begins on the date the guardian qualifies to serve.
2-20 The court may change a reporting period for purposes of this
2-21 subsection but may not extend a reporting period so that it covers
2-22 more than 12 months.
2-23 (d) If the court is satisfied that the facts stated in the
2-24 report are true, the court shall approve the report. Unless the
2-25 court is satisfied that the facts stated in the report are true,
2-26 the court shall issue orders as necessary for the best interests of
2-27 the ward.
3-1 (e) Except as provided by Subsection (f) of this section,
3-2 the guardian shall continue to file the report once each year for
3-3 the duration of the guardianship to the extent and in the same
3-4 manner provided for by Sections 743(g)-(i) of this code.
3-5 (f) The guardian shall continue to file the report once
3-6 every three years for the duration of the guardianship only if:
3-7 (1) the court approved the preceding report without
3-8 any changes regardless of whether the report was filed under this
3-9 subsection or Subsection (e) of this section;
3-10 (2) the guardian is the spouse, parent, sibling, or
3-11 child of the ward; and
3-12 (3) the court determines the ward's best interest does
3-13 not require an annual report.
3-14 (g) The report required by Subsection (f) of this section
3-15 must cover a 12-month reporting period that begins on the second
3-16 anniversary of the date on which the preceding reporting period
3-18 (h) Each report is due not later than the 60th day after the
3-19 date on which the reporting period ends.
3-20 SECTION 4. (a) This Act applies to:
3-21 (1) an application for the appointment of a guardian
3-22 that is filed on or after September 1, 1997; and
3-23 (2) an application for the appointment of a guardian
3-24 that is filed before September 1, 1997, in which a guardianship has
3-25 not been created.
3-26 (b) An application described by Subsection (a)(2) of this
3-27 section must be modified to conform to the changes in law made by
4-1 this Act.
4-2 (c) A guardianship existing on September 1, 1997, must be
4-3 modified to conform to the changes in law made by this Act.
4-4 SECTION 5. This Act takes effect September 1, 1997.
4-5 SECTION 6. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended.