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By: Deuell S.B. No. 1410
(In the Senate - Filed March 13, 2003; March 20, 2003, read
first time and referred to Committee on Health and Human Services;
April 22, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 22, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1410 By: Deuell
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of the Department of Protective and
Regulatory Services to serve as a temporary or permanent guardian
for a ward.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 48.209, Human Resources Code, is amended
by amending Subsection (b) and adding Subsection (g) to read as
follows:
(b) As a last resort, the department may apply to be
appointed guardian of the person or estate of an elderly or disabled
person who is found by the department to be in a state of abuse,
neglect, or exploitation, and who, because of a physical or mental
condition, will be substantially unable to provide food, clothing,
or shelter for himself or herself, to care for the individual's own
physical health, or to manage the individual's own financial
affairs. A representative of the department shall take the oath
required by the Texas Probate Code on behalf of the department when
[if] the department begins to serve as [is appointed] guardian. If
the department knows that an individual is willing and able to serve
as the guardian, the department may inform the court of that
individual's willingness and ability.
(g) A court may not appoint the department as a guardian
under Section 682 or 875, Texas Probate Code, unless:
(1) the department files an application for
appointment under Section 682 or 875, Texas Probate Code, as
appropriate;
(2) the proposed ward is an individual described by
Subsection (a) or (b); and
(3) the proposed ward has sufficient resources for
appropriate care or is eligible for Medicaid or another form of
public assistance for that care.
SECTION 2. Section 701, Texas Probate Code, is amended to
read as follows:
Sec. 701. TIME FOR TAKING OATH AND GIVING BOND. Except as
provided by Section 48.209(b), Human Resources Code, or Section
682A(a) of this code, the oath of a guardian may be taken and
subscribed, or the bond of a guardian may be given and approved, at
any time before the expiration of the 20th day after the date of the
order granting letters of guardianship, or before the letters have
been revoked for a failure to qualify within the time allowed. An
oath may be taken before any person authorized to administer oaths
under the laws of this state.
SECTION 3. Subsection (j), Section 875, Texas Probate Code,
is amended to read as follows:
(j) The court may not [customarily or ordinarily] appoint
the Department of Protective and Regulatory Services as a temporary
guardian under this section unless:
(1) the department files an application for
appointment as guardian under this section;
(2) the proposed ward is an individual described by
Section 48.209(a) or (b), Human Resources Code; and
(3) the proposed ward has sufficient resources for
appropriate care or is eligible for Medicaid or another form of
public assistance for that care. [The appointment of the
department as a temporary guardian under this section should be
made only as a last resort.]
SECTION 4. 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. This Act takes effect September 1, 2003.
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