BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 585

80R3253 JMM-D                                                                                        By: Laubenberg (Deuell)

                                                                                                                                      Jurisprudence

                                                                                                                                              4/5/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, all legal matters that affect a parent-child relationship involving a disabled child, including after the child becomes an adult, are under the exclusive jurisdiction of the court that has original jurisdiction in the matter.

 

H.B. 585 authorizes a probate court to exercise jurisdiction in a guardianship proceeding for the disabled child after the child becomes an adult.

 

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 154.309(c), Family Code, to provide that a court that obtains continuing, exclusive jurisdiction of a suit affecting the parent-child relationship involving a disabled person who is a child retains such jurisdiction of subsequent proceedings after the person is an adult. Authorizes a probate court, notwithstanding this subsection or any other law, to exercise jurisdiction in a guardianship proceeding for the person after the person is an adult.

 

SECTION 2. Amends Section 606, Texas Probate Code, by adding Subsection (k), to provide that a statutory probate court or other court exercising the jurisdiction of a probate court has jurisdiction in a guardianship proceeding involving a disabled adult for whom another court obtained continuing, exclusive jurisdiction in a suit affecting the parent-child relationship when the person was a child.

 

SECTION 3. Makes application of this Act prospective.

 

SECTION 4. Effective date: upon passage or September 1, 2007.