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