LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 78TH LEGISLATIVE REGULAR SESSION

May 29, 2003

TO:	Honorable Tom Craddick, Speaker of the House, House of Representatives
FROM:	John Keel, Director, Legislative Budget Board
IN RE:	HB2189 by Rodriguez (Relating to temporary guardianship procedures.), As Passed 2nd House

No significant fiscal implication to the State is anticipated.

This bill would revise several subsections of Texas Probate Code Section 875, the section creating temporary guardianships. Most of the proposed changes would eliminate temporary guardianships granted without application, notice or hearing (ex parte).  This bill would also shorten the time for postponement of temporary hearings; clarify the court’s authority to issue temporary restraining orders; add a bond requirement and require stated reasons for the guardianship in the order.

 

According the Department of Protective and Regulatory Services (PRS), the changes in the bill would slow the process of obtaining guardianship but would result in more protection of the client’s right to due process in the legal system. Implementation of this bill would require changes in PRS policy, procedures, forms, and staff training. PRS indicates that the changes proposed by this bill could be managed with existing resources.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 530 Department of Protective and Regulatory Services

LBB Staff:

JK, RR, GO, WP, SJS