HBA-KMH C.S.H.B. 2164 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2164
By: Naishtat
Judicial Affairs
4/30/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

When a child with severe or profound mental retardation becomes eighteen, a
parent or loved one of that child often files to become the official legal
guardian of the person and/or the estate for the child.  Currently, the
parent or loved one may not file for such guardianships until the
eighteenth birthday of the potential ward.  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. 

C.S.H.B. 2164 authorizes a person to file an application for guardianship
under Section 682 (Application; Contents), 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. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subpart A, Part 3, Chapter XIII, 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 (Application;
Contents) of this code not earlier than the 60th day before a proposed
ward's 18th birthday for the appointment of a guardian of the person and/or
of the estate of the proposed ward if a minor is a person who because of
incapacity will require a guardianship after the ward is no longer a minor.
Provides that the guardianship of the person of a minor who is the subject
of an application for the appointment of a guardian of the person filed
under this section is settled and closed when the court makes a
determination that the appointment of a guardian of the person is not
necessary or the guardian appointed has qualified under Section 699 (How
Guardians Qualify) of this code, notwithstanding Section 694(b) (Term of
Appointment of Guardian), Probate Code. 

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

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2164 modifies the original in SECTION 1 (proposed Section 682A,
Probate Code) by changing the description of the minor for which this
section applies to a minor who because of incapacity, rather than severe
and profound mental retardation, will require a guardianship after the
minor's 18th birthday.  The substitute changes the earliest date on which
an application under this section may be filed to the 60th day, rather than
the 61st day, before the proposed ward's 18th birthday. Additionally, the
substitute provides that guardianship of a minor who is the subject of an
application  for the appointment of a guardian of the person filed under
this section is settled and closed when the court makes a determination
that the appointment of a guardian of the person is not necessary or the
guardian appointed has qualified under Section 699 (How Guardians Qualify)
of this code, notwithstanding Section 694(b) (Term of Appointment of
Guardian), Probate Code.  The original provided that the guardianship of a
minor who is the subject of an application for the appointment of a
guardian filed under this section is settled and closed when the court
makes a final determination regarding the application, notwithstanding
Sections 694(b) (Term of Appointment of Guardian) and 745(a) (Closing
Guardianships of the Estate), Probate Code.