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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of a successor guardian for certain |
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wards adjudicated as totally incapacitated. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.101, Human Resources Code, is |
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amended by amending Subsection (d) and adding Subsection (f) to |
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read as follows: |
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(d) The department may not be required by a court to file an |
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application for guardianship, and except as provided by Subsection |
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(f) and Section 695, Texas Probate Code, the department may not be |
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appointed as permanent guardian for any individual unless the |
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department files an application to serve or otherwise agrees to |
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serve as the individual's guardian of the person or estate, or both. |
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(f) On appointment by a probate court under Section 695(c), |
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Texas Probate Code, the department shall agree to serve as the |
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successor guardian of the person or estate, or both, of a ward |
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described by that section. |
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SECTION 2. Section 695, Texas Probate Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The court may appoint the Department of Aging and |
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Disability Services as a successor guardian of the person or |
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estate, or both, of a ward who has been adjudicated as totally |
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incapacitated if: |
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(1) there is no family member or other suitable |
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person, including a guardianship program, willing and able to serve |
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as the ward's successor guardian; and |
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(2) the ward is located more than 100 miles from the |
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court that created the guardianship. |
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SECTION 3. Section 697A(b), Texas Probate Code, is amended |
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to read as follows: |
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(b) The Department of Aging and Disability Services, if the |
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department [files an application for and] is appointed to serve as |
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guardian or successor guardian for one or more incapacitated |
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persons residing in the county as provided by Subchapter E, Chapter |
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161, Human Resources Code, or Section 695(c) of this code, shall |
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submit annually to the county clerk the information required under |
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Subsection (a) of this section for each department employee who is |
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or will be providing guardianship services in the county on the |
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department's behalf. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |