SRC-JBJ C.S.S.B. 869 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 869
77R9011 TBy: Lindsay
Jurisprudence
4/18/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Under current Texas law, guardians may be appointed for incapacitated
persons or persons who need assistance in making decisions concerning their
own welfare or financial affairs.  Although a proposed ward is found to be
in need of a guardian by the court investigators at the time a guardianship
referral is made, the actual guardianship can take several months to
establish, placing some wards in undue and unnecessary risk.  C.S.S.B. 869
amends the Texas Probate Code to require service by the sheriff or other
officer on the spouse of a proposed ward to be made only if the whereabouts
of the spouse are known or can be reasonably ascertained and amends other
provisions regarding related procedures. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 633(c), (d), and (f), Texas Probate Code, as
follows: 

(c)  Requires the sheriff or other officer to personally serve citation to
appear and answer the application for guardianship on a proposed ward's
spouse if the whereabouts of the spouse are known or can be reasonably
ascertained.   

(d)  Requires the court clerk, at the applicant's request, or the applicant
to mail a copy of the notice by registered or certified mail, return
receipt requested, to certain persons if their whereabouts are known or can
be reasonably ascertained.   

 (f)  Makes a conforming change.

SECTION 2.  Makes application of this Act prospective. 

SECTION 3.  Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Differs from the original by amending the relating clause.

SECTION 1.  Differs from the original by adding proposed amendments to
Subsections (d) and (f) of Section 633, Texas Probate Code. 

SECTIONS 2 and 3.  No change.