SRC-DPW H.B. 2164 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2164
76R14407 EBy: Naishtat (Moncrief)
Jurisprudence
5/12/1999
Engrossed


DIGEST 

Currently, Texas law prohibits a parent or loved one from filing to become
the legal guardian of a child with severe mental retardation and reaching
the age of majority, until the child reaches the age of 18. The time it
takes to process the application for guardianship, typically one to two
months, creates a short, but potentially problematic gap in the ability of
a caring adult to protect and make decisions for the ward in question.
This bill would authorize a person to file an application for guardianship
under Section 682, Probate Code, within 60 days of the child's 18th
birthday, in instances where a child is incapacitated prior to reaching the
age of majority, which requires a guardianship. 

PURPOSE

As proposed, H.B. 2164 sets forth guidelines for the appointment of a
guardian for certain incapacitated minors. 

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 Part 3A, Chapter XIII, Texas Probate Code, by adding
Section 682A, as follows: 

Sec. 682A. APPLICATION FOR APPOINTMENT OF GUARDIAN FOR CERTAIN PERSONS.
Authorizes a person to file an application under Section 682 of this code
for the appointment of a guardian of the person and/or the estate of the
proposed ward not earlier than the 60th day before the proposed ward's 18th
birthday, if a minor will require a guardianship after the ward is no
longer a minor because of incapacity.  Provides that the guardianship of
the person who is the subject of an application for the appointment of a
guardian of the person filed under Subsection (a) is settled and closed
when: a county court in the exercise of its probate jurisdiction, a court
created by statute and authorized to exercise original probate
jurisdiction, or a district court exercising original probate jurisdiction
in contested matters (court) determines that the appointment of a guardian
of the person for the proposed ward is not necessary; or the guardian
appointed by the court after a hearing on the application has qualified
under Section 699 of this code.   

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.