SRC-JBJ S.B. 1719 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1719
By: Harris
Jurisprudence
4/19/2001
As Filed


DIGEST AND PURPOSE 

Under current Texas law, guardians are prohibited from voluntarily
committing a ward to a hospital for inpatient mental health treatment and a
ward cannot voluntarily commit themselves, unless the mental state of the
ward meets certain criteria established to warrant involuntary commitment.
As proposed, S.B. 1719 authorizes a guardian to voluntarily commit a ward
for inpatient mental health treatment if given that authority in the
guardianship papers. 

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 Section 682, Texas Probate Code, to require that the
application must be sworn to by the applicant and state certain
information, including whether the applicant is seeking authority for the
proposed guardian of the person to consent to the voluntary admission of
the ward to a public or private inpatient psychiatric facility. 

SECTION 2.  Amends Section 693(c), Texas Probate Code, to require that the
order of the court appointing a guardian must specify certain information,
including if it is a guardianship of the person, whether the guardian has
the authority to consent to the voluntary admission of the ward to a public
or private inpatient psychiatric facility subject to Section 770 of this
code. 

SECTION 3.  Amends Section 767, Texas Probate Code, to provide that a
guardian of the person of a ward, notwithstanding Subsection (a)(4) of this
section, has the authority to consent to the voluntary admission of the
ward to a public or private inpatient psychiatric facility if the guardian
holds letters of guardianship under an order specifically granting the
guardian that authority. 

SECTION 4.  Amends Section 770, Texas Probate Code, by amending Subsection
(b) and adding Subsections (e), (f), (g), and (h) to read as follows: 

SECTION 4.  Section 770, Texas Probate Code, is amended by amending
Subsection (b) and adding Subsections (e), (f), (g), and (h) to read as
follows: 

(b)  Prohibits a guardian, except as provided by Subsections (c), (d), (e),
(f), (g), or (h) of this section, from voluntarily admitting an
incapacitated person to a public or private in-patient psychiatric facility
or to a residential facility operated by the Texas Department of Mental
Health and Mental Retardation for care and treatment.  

(e)  Authorizes a guardian of the person of a ward acting under letters of
guardianship as described by Section 767(b) of this code to consent to the
voluntary admission of the ward to a public or private inpatient
psychiatric facility only if certain conditions are met. 
 
 (f)  Requires the guardian, not longer than 24 hours after the time of the
admission of a ward under Subsection (e) of this section, to return to the
court that granted the guardianship a report of the admission and the
statement required under Subsection (e)(2) of this section.  Requires that
the report must include the reason for the admission.  Provides that if the
day of the ward's admission to a facility is a Saturday, Sunday, or legal
holiday, the period is extended to include the next day that is not a
Saturday, Sunday, or legal holiday. 
 
(g)  Authorizes the court to appoint a guardian ad litem, attorney ad
litem, or both a guardian ad litem and an attorney ad litem for the ward
and provide them with a copy of the guardian's report and the
psychiatrist's statement for review and comment. 

(h)   Prohibits a guardian of the person of a ward, notwithstanding letters
of guardianship issued under a court order specifically granting the
guardian authority to consent to the admission, from consenting to the
voluntary admission of the ward to a public or private inpatient
psychiatric facility for an admission period that exceeds the period
prescribed by Subsection (e) of this section without the prior approval of
the court that granted the guardianship. 

SECTION 5.  Effective date: September 1, 2001.
            Makes application of this Act prospective.