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.