84R8449 KFF-D
 
  By: Naishtat H.B. No. 3137
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of unsworn declarations for filing certain
  annual reports by guardians of the person.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1163.101(c), Estates Code, is amended to
  read as follows:
         (c)  The guardian of the person shall file a sworn affidavit
  that contains:
               (1)  the guardian's current name, address, and
  telephone number;
               (2)  the ward's date of birth and current name, address,
  telephone number, and age;
               (3)  a description of the type of home in which the ward
  resides, which shall be described as:
                     (A)  the ward's own home;
                     (B)  a nursing home;
                     (C)  a guardian's home;
                     (D)  a foster home;
                     (E)  a boarding home;
                     (F)  a relative's home, in which case the
  description must specify the relative's relationship to the ward;
                     (G)  a hospital or medical facility; or
                     (H)  another type of residence;
               (4)  statements indicating:
                     (A)  the length of time the ward has resided in the
  present home;
                     (B)  the reason for a change in the ward's
  residence, if a change in the ward's residence has occurred in the
  past year;
                     (C)  the date the guardian most recently saw the
  ward;
                     (D)  how frequently the guardian has seen the ward
  in the past year;
                     (E)  whether the guardian has possession or
  control of the ward's estate;
                     (F)  whether the ward's mental health has
  improved, deteriorated, or remained unchanged during the past year,
  including a description of the change if a change has occurred;
                     (G)  whether the ward's physical health has
  improved, deteriorated, or remained unchanged during the past year,
  including a description of the change if a change has occurred;
                     (H)  whether the ward has regular medical care;
  and
                     (I)  the ward's treatment or evaluation by any of
  the following persons during the past year, including the person's
  name and a description of the treatment:
                           (i)  a physician;
                           (ii)  a psychiatrist, psychologist, or other
  mental health care provider;
                           (iii)  a dentist;
                           (iv)  a social or other caseworker; or
                           (v)  any other individual who provided
  treatment;
               (5)  a description of the ward's activities during the
  past year, including recreational, educational, social, and
  occupational activities, or a statement that no activities were
  available or that the ward was unable or refused to participate in
  activities;
               (6)  the guardian's evaluation of:
                     (A)  the ward's living arrangements as excellent,
  average, or below average, including an explanation if the
  conditions are below average;
                     (B)  whether the ward is content or unhappy with
  the ward's living arrangements; and
                     (C)  unmet needs of the ward;
               (7)  a statement indicating whether the guardian's
  power should be increased, decreased, or unaltered, including an
  explanation if a change is recommended;
               (8)  a statement indicating that the guardian has paid
  the bond premium for the next reporting period;
               (9)  if the guardian is a private professional
  guardian, a guardianship program, or the Department of Aging and
  Disability Services, whether the guardian or an individual
  certified under Subchapter C, Chapter 155 [111], Government Code,
  who is providing guardianship services to the ward and who is filing
  [swearing to] the affidavit on the guardian's behalf, is or has been
  the subject of an investigation conducted by the Guardianship
  Certification Board during the preceding year; and
               (10)  any additional information the guardian desires
  to share with the court regarding the ward, including:
                     (A)  whether the guardian has filed for emergency
  detention of the ward under Subchapter A, Chapter 573, Health and
  Safety Code; and
                     (B)  if applicable, the number of times the
  guardian has filed for emergency detention and the dates of the
  applications for emergency detention.
         SECTION 2.  The heading to Section 1163.1011, Estates Code,
  is amended to read as follows:
         Sec. 1163.1011.  USE OF UNSWORN DECLARATION IN LIEU OF SWORN
  DECLARATION OR AFFIDAVIT FOR [ELECTRONIC] FILING [OF] ANNUAL
  REPORT.
         SECTION 3.  Section 1163.1011(a), Estates Code, is amended
  to read as follows:
         (a)  A guardian of the person who is required to file an
  [files the] annual report under [required by] Section 1163.101
  [electronically] with the court, including a guardian filing the
  annual report electronically, may use an unsworn declaration made
  as provided by this section instead of the [a written] sworn
  declaration or affidavit required by Section 1163.101.
         SECTION 4.  The change in law made by this Act applies to a
  guardianship created before, on, or after the effective date of
  this Act.
         SECTION 5.  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, 2015.