By Naishtat                                            H.B. No. 952
         77R257 CLG-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to interstate guardianships.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Part 5, Chapter XIII, Texas Probate Code, is
 1-5     amended by adding Subpart G to read as follows:
 1-6                    SUBPART G.  INTERSTATE GUARDIANSHIPS
 1-7           Sec. 891.  TRANSFER OF GUARDIANSHIP TO FOREIGN JURISDICTION.
 1-8     (a)  A guardian of the person or estate of a ward may apply with
 1-9     the court that has jurisdiction over the guardianship to transfer
1-10     the guardianship to a court in a foreign jurisdiction if the ward
1-11     has moved permanently to the foreign jurisdiction.
1-12           (b)  Notice of the application to transfer a guardianship
1-13     under this section shall be served personally on the ward and shall
1-14     be given to the foreign court to which the guardianship is to be
1-15     transferred.
1-16           (c)  On the court's own motion or on the motion of the ward
1-17     or any interested person, the court shall hold a hearing to
1-18     consider the application to transfer the guardianship.
1-19           (d)  The court shall transfer a guardianship to a foreign
1-20     court if the court determines the transfer is in the best interests
1-21     of the ward.  The transfer of the guardianship must be made
1-22     contingent on the acceptance of the guardianship in the foreign
1-23     jurisdiction.  To facilitate the orderly transfer of the
1-24     guardianship, the court shall coordinate efforts with the
 2-1     appropriate foreign court.
 2-2           Sec. 892.  RECEIPT AND ACCEPTANCE OF FOREIGN GUARDIANSHIP.
 2-3     (a)  A guardian appointed by a foreign court to represent an
 2-4     incapacitated person who is residing in this state or intends to
 2-5     move to this state may file an application with a court in which
 2-6     the ward resides or intends to reside to have the guardianship
 2-7     transferred to the court.
 2-8           (b)  Notice of the application for receipt and acceptance of
 2-9     a foreign guardianship under this section shall be served
2-10     personally on the ward and shall be given to the foreign court from
2-11     which the guardianship is to be transferred.
2-12           (c)  If an application for receipt and acceptance of a
2-13     foreign guardianship is filed in two or more courts with
2-14     jurisdiction, the proceeding shall be heard in the court with
2-15     jurisdiction over the application filed on the earliest date if
2-16     venue is otherwise proper in that court.   A court that does not
2-17     have venue to hear the application shall transfer the proceeding to
2-18     the proper court.
2-19           (d)  In reviewing an application for receipt and acceptance
2-20     of a foreign guardianship, the court should determine:
2-21                 (1)  that the proposed guardianship is not a collateral
2-22     attack on an existing or proposed guardianship in another
2-23     jurisdiction in this or another state; and
2-24                 (2)  for a guardianship in which a court in one or more
2-25     states may have jurisdiction, that the application has been filed
2-26     in the court that is best suited to consider the matter.
2-27           (e)  On the court's own motion or on the motion of the ward
 3-1     or any interested person, the court shall hold a hearing to
 3-2     consider the application for receipt and acceptance of a foreign
 3-3     guardianship.
 3-4           (f)  The court shall grant an application for receipt and
 3-5     acceptance of a foreign guardianship if the transfer of the
 3-6     guardianship from the foreign jurisdiction is in the best interests
 3-7     of the ward.  In granting an application under this subsection, the
 3-8     court shall give full faith and credit to the provisions of the
 3-9     foreign guardianship order concerning the determination of the
3-10     ward's incapacity and the rights, powers, and duties of the
3-11     guardian.
3-12           (g)  The court shall coordinate efforts with the appropriate
3-13     foreign court to facilitate the orderly transfer of the
3-14     guardianship.
3-15           (h)  The denial of an application for receipt and acceptance
3-16     of a guardianship under this section does not affect the right of a
3-17     guardian appointed by a foreign court to file an application to be
3-18     appointed guardian of the incapacitated person under Section 682 of
3-19     this code.
3-20           Sec. 893.  REVIEW OF TRANSFERRED GUARDIANSHIP.  Not later
3-21     than the 90th day after the date a court grants an application for
3-22     receipt and acceptance of a foreign guardianship under Section 892
3-23     of this code, the court shall hold a hearing to consider modifying
3-24     the administrative procedures or requirements of the transferred
3-25     guardianship in accordance with local and state law.
3-26           SECTION 2.  This Act takes effect September 1, 2001.