SRC-JJJ H.B. 2166 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2166
76R8418 CLG-DBy: Naishtat (Moncrief)
Jurisprudence
5/11/1999
Engrossed


DIGEST 

The Department of Protective and Regulatory Services (DPRS) is appointed as
guardian in many counties in cases that do not involve abuse, neglect, or
exploitation.  DPRS is also continuing to serve in many guardianship cases
that no longer involve a threat of abuse, neglect, or exploitation. These
appointments are  expending DPRS resources that can be utilized for
emergency situations involving abuse, neglect, or exploitation in which
guardianship would be a better solution.  Use of DPRS as a full-service
guardianship program is more expensive to the state than promoting the
growth of local guardianship programs, which many counties have yet to
develop.  Dependence on DPRS leads courts to believe that their counties do
not need local guardianship.  H.B. 2166  would establish provisions
regarding  the appointment of successor guardians for wards of guardianship
programs or governmental entities serving as guardians. 
 
PURPOSE

As proposed, H.B. 2166 establishes provisions regarding  the appointment of
successor guardians for wards of guardianship programs or governmental
entities serving as guardians. 

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 Subpart A, Part 3, Chapter XIII, Texas Probate Code, by
adding Section 695A, as follows: 

Sec.  695A.  SUCCESSOR GUARDIANS FOR WARDS OF GUARDIANSHIP PROGRAMS OR
GOVERNMENTAL ENTITIES.  (a)  Requires the guardianship program or
governmental entity to notify the court in which the guardianship is
pending of the individual's willingness and ability, if the program or
entity  serving as a guardian for a ward becomes aware of a family member
or friend of the ward or any other interested party who is willing and able
to serve as the ward's successor guardian. 

(b)  Requires the court, upon notice of the existence of a proposed
successor guardian, to determine whether the proposed successor guardian is
qualified to serve under this chapter as the ward's successor guardian.  

(c)  Authorizes the guardianship program or governmental entity serving as
the ward's guardian, if the court finds the individual is not disqualified,
to file an application to appoint the individual as the ward's successor
guardian.  Requires the service of notice on an application filed to be
made as directed by the court.   

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.