HBA-KMH C.S.H.B. 2166 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2166 By: Naishtat Judicial Affairs 4/30/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE 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 where 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 programs. C.S.H.B. 2166 creates Section 695A (Successor Guardians for Wards of Guardianship Programs or Governmental Entities), Probate Code, to clarify the role of guardianship programs and governmental entities appointed as guardians as temporary appointments in favor of persons willing and able to serve as a successor guardian. 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 695A, as follows: Sec. 695A. SUCCESSOR GUARDIANS FOR WARDS OF GUARDIANSHIP PROGRAMS OR GOVERNMENTAL ENTITIES. (a) Requires a guardianship program (program) or governmental entity (entity) to notify the court in which a guardianship is pending of an individual's willingness and ability to serve as a ward's successor guardian if a program or entity serving as a guardian for a ward under this chapter (Guardianship) becomes aware of a person willing and able to serve in this capacity. (b) Requires the court to determine whether the proposed successor guardian is qualified to serve under this chapter as the ward's successor guardian when the court is notified of a person willing and able to serve as a successor guardian under this section. (c) Authorizes the program, entity, or the court, on the court's own motion, to file an application to appoint the individual as the ward's successor guardian, if the proposed successor guardian is not disqualified from appointment under Section 681 (Persons Disqualified to Serve as Guardians) and the appointment is in the ward's best interest. Requires service of notice on an application filed under this subsection to be made as directed by the court. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2166 modifies the original in the caption by provide that the bill relates to "the appointment of successor guardians for wards of guardianship programs or governmental entities serving as guardians," rather than "the appointment of the Department of Protective and Regulatory Services as guardian of incapacitated persons." C.S.H.B. 2166 modifies the original in by adding a new SECTION 1 (proposed Section 695A, Probate Code). For a more in-depth analysis of this SECTION please refer to the Section-by-Section Analysis of this document. C.S.H.B. 2166 modifies the original by removing SECTION 1 of the original (Section 48.0215, Human Resources Code, contained the text which was assigned to Section 48.0125 in the original), which provided that the section refers to the appointment of an interim guardian, rather than the appointment of a guardian, and made conforming changes. C.S.H.B. 2166 modifies the original by removing SECTION 2 of the original (proposed Section 690A, Probate Code), regarding provisions to clarify the role of the Department of Protective and Regulatory Services when appointed as guardian as a temporary appointment of last resort. C.S.H.B. 2166 modifies the original by redesignating SECTIONS 3 (effective date and prospective clause) and 4 (short emergency clause) of the original as SECTIONS 2 (effective date) and 3 (short emergency clause).