By Naishtat H.B. No. 2166
76R2806 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment of the Department of Protective and
1-3 Regulatory Services as guardian of incapacitated persons.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 48.0125(a), (b), and (d), Human
1-6 Resources Code, are amended to read as follows:
1-7 (a) The department shall file an application under Section
1-8 682 or 875, Texas Probate Code, to be appointed interim guardian of
1-9 the person or estate or both of an individual who is a minor, is a
1-10 conservatee of the department, and, because of a physical or mental
1-11 condition, will be substantially unable to provide food, clothing,
1-12 or shelter for himself or herself, to care for the individual's own
1-13 physical health, or to manage the individual's own financial
1-14 affairs when the individual becomes an adult. If a less
1-15 restrictive alternative to guardianship is available for an
1-16 individual, the department shall pursue the alternative instead of
1-17 applying for appointment as an interim [a] guardian.
1-18 (b) As a last resort, the department may apply to be
1-19 appointed interim guardian of the person or estate of an elderly or
1-20 disabled person who is found by the department to be in a state of
1-21 abuse, neglect, or exploitation, and who, because of a physical or
1-22 mental condition, will be substantially unable to provide food,
1-23 clothing, or shelter for himself or herself, to care for the
1-24 individual's own physical health, or to manage the individual's own
2-1 financial affairs. A representative of the department shall take
2-2 the oath required by the Texas Probate Code on behalf of the
2-3 department if the department is appointed interim guardian. If the
2-4 department knows that an individual is willing and able to serve as
2-5 the guardian, the department may inform the court of that
2-6 individual's willingness and ability.
2-7 (d) If the department is appointed interim guardian, the
2-8 department is not liable for funding services provided to the
2-9 department's ward, including long-term care or burial expenses.
2-10 SECTION 2. Subpart A, Part 3, Chapter XIII, Texas Probate
2-11 Code, is amended by adding Section 690A to read as follows:
2-12 Sec. 690A. INTERIM GUARDIANS. (a) If the Department of
2-13 Regulatory and Protective Services is appointed as guardian of the
2-14 person or estate, or both, of a ward under Section 682 or 875 of
2-15 this code, the department is considered an interim guardian and
2-16 serves as guardian in accordance with this code and Section
2-17 48.0215, Human Resources Code, until a successor guardian is
2-18 appointed by the court. The court may appoint as successor
2-19 guardian a guardianship program serving the area in which the ward
2-20 is located or a family member, friend, or any other interested
2-21 person who is willing and able to serve and is not disqualified
2-22 from serving as the ward's guardian.
2-23 (b) All the provisions of this chapter relating to the
2-24 guardianship of persons and estates of incapacitated persons apply
2-25 to an interim guardianship of the persons and estates of
2-26 incapacitated persons.
2-27 SECTION 3. This Act takes effect September 1, 1999, and
3-1 applies only to a proceeding for the appointment of a guardian that
3-2 is instituted on or after the effective date of this Act. A
3-3 proceeding for the appointment of a guardian that was instituted
3-4 before the effective date of this Act is governed by the law in
3-5 effect when the proceeding was instituted, and the former law is
3-6 continued in effect for that purpose.
3-7 SECTION 4. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.