SRC-TJG C.S.S.B. 1410 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1410
By: Deuell
Health & Human Services
4/17/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

The Department of Protective and Regulatory Services (DPRS) is assigned by
the Human Resources Code to serve as guardians of persons who are found to
be in a state of neglect, abuse, or exploitation.  DPRS is intended to be
the guardian of last resort for those who cannot take care of themselves.
Some local courts have begun to expand this scope.  C.S.S.B. 1410
clarifies the duties of DPRS in order to prevent judicial expansion of the
agency's responsibilities.  

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 48.209, Human Resources Code, by amending
Subsection (b) and adding Subsection (g), as follows: 

(b) Requires a representative of the Department of Protective and
Regulatory Services (DPRS) to take the oath required by the Texas Probate
Code on behalf of DPRS when, rather than if, DPRS begins to serve as,
rather than is appointed, guardian. 

(g) Prohibits a court from appointing DPRS as a guardian under Section 682
(Application; Contents) or 875 (Temporary Guardian-Procedure), Texas
Probate Code, unless certain action is taken and certain conditions are
met. 

SECTION 2.  Amends Section 701, Texas Probate Code, to make a conforming
change. 

SECTION 3.  Amends Section 875(j), Texas Probate Code, to prohibit the
court from appointing DPRS as a temporary guardian under this section
unless certain action is taken and certain conditions apply.  Deletes
existing text related to prohibiting the court from customarily or
ordinarily appointing DPRS temporary guardian and providing that
appointment of DPRS as a temporary guardian is a last resort. 

SECTION 4.   Provides that the changes in law made by this Act to Section
875, Texas Probate Code, and Section 48.209, Human Resources Code, apply
only to an application for the appointment of a guardian or temporary
guardian filed: 

  (1)  on or after the effective date of this Act; or
(2)  before the effective date of this Act if the proceeding is pending on
the effective date of this Act. 

SECTION 5.  Effective date: September 1, 2003.