Honorable Joe Straus, Speaker of the House, House of Representatives
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB2665 by Moody (Relating to access to and receipt of certain information regarding a ward by certain relatives of the ward.), As Passed 2nd House
No significant fiscal implication to the State is anticipated.
The bill would amend the Estates Code to authorize certain relatives of a ward to file an application with the court requesting access, visitation, or communication with the ward; provide for a court hearing; provide for terms of an order; and require the court to consider whether any prior protective orders have been issued against the applicant to protect the ward. The bill would also require a guardian to inform certain relatives about circumstances regarding the ward's health and residence, and about funeral arrangements upon the ward's death, however the bill provides that under certain circumstances the guardian would be authorized to file a motion with the court to be relieved of the duty to provide notice. The bill would prescribe factors that the court should consider in ruling on the guardian's motion, including the guardian's reasonable efforts to locate the relative, and evidence of a previous protective order against the relative or finding of past abuse or neglect by the relative. Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council