SRC-AXB H.B. 3630 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3630
By: Naishtat (Wentworth)
Jurisprudence
5/12/1999
Engrossed


DIGEST 

Currently, when a person applies for a legal guardianship for an
incapacitated person, the applicant is required to be appointed as a
guardian by a court.  Perforce, the potential guardian incurs legal fees
and may be deterred from applying for legal guardianship.  H.B. 3630
expands the authority of the Health and Human Services Commission to award
grant money to potential guardians, and requires a county clerk to take
certain actions which will enable the maintenance of a current list of
guardians. 

PURPOSE

As proposed, H.B. 3630 expands the authority of the Health and Human
Services Commission to award grant money to potential guardians, and
requires a county clerk to take certain actions which will enable the
maintenance of a current list of 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 Section 531.125, Government Code, to authorize the Health
and Human Services Commission (commission) to award a grant to a local
legal guardianship program to enable certain individuals to have legal
representation in court if they are willing and able to be appointed
guardians of proposed indigent wards.  Deletes text regarding a center to
establish local volunteer guardianship programs. 

SECTION 2.  Amends Section 697, Texas Probate Code, by amending Subsection
(a) and adding Subsection (e), to require the clerk to submit to the
commission certain contact information of guardians who have satisfied
certification requirements of this section during the preceding year. Makes
a nonsubstantive change. 

SECTION 3.  Amends Section 698(a), Texas Probate Code, to set forth
requirements for the guardian of each person employed by a private
professional guardian. 

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date:  September 1, 1999.

SECTION 6.  Emergency clause.