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A BILL TO BE ENTITLED
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AN ACT
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relating to guardianships, alternatives to guardianship, and |
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supports and services for incapacitated persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1023.005, Estates Code, is amended to |
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read as follows: |
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Sec. 1023.005. COURT ACTION. (a) On hearing an |
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application or motion under Section 1023.003, if [good cause is not
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shown to deny the transfer and] it appears that transfer of the |
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guardianship is in the best interests of the ward and either the |
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ward has resided in the county to which the guardianship is to be |
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transferred for at least six months or good cause is not otherwise |
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shown to deny the transfer, the court shall enter an order: |
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(1) authorizing the transfer on payment on behalf of |
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the estate of all accrued costs; [and] |
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(2) requiring that any existing bond of the guardian |
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must remain in effect until a new bond has been given or a rider has |
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been filed in accordance with Section 1023.010; and |
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(3) certifying that the guardianship is in compliance |
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with this code at the time of transfer. |
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(b) In making a determination that the transfer is in the |
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best interests of the ward under Subsection (a), the court may |
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consider: |
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(1) the interests of justice; |
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(2) the convenience of the parties; and |
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(3) the preference of the ward, if the ward is 12 years |
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of age or older. |
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(c) On receipt of an order described by Subsection (a), the |
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county shall accept the transfer of the guardianship. |
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SECTION 2. Section 1023.008, Estates Code, is amended to |
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read as follows: |
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Sec. 1023.008. CONTINUATION OF GUARDIANSHIP. (a) When a |
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guardianship is transferred from one county to another in |
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accordance with this chapter: |
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(1) [,] the guardianship proceeds in the court to |
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which it was transferred as if it had been originally commenced in |
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that court; |
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(2) the court to which the guardianship is transferred |
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becomes the court of continuing, exclusive jurisdiction; |
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(3) a proceeding relating to the guardianship that is |
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commenced in the court ordering the transfer continues in the court |
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to which the guardianship is transferred as if the proceeding |
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commenced in the receiving court; |
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(4) a judgment or order entered in the guardianship |
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before the transfer has the same effect and must be enforced as a |
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judgment or order entered by the court to which the guardianship is |
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transferred; and |
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(5) the court ordering the transfer does not retain: |
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(A) jurisdiction of the ward who is the subject |
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of the guardianship; and |
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(B) the authority to enforce an order entered for |
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a violation of this title that occurred before or after the |
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transfer. |
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(b) It is not necessary to record in the receiving court any |
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of the papers in the case that were recorded in the court from which |
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the case was transferred. |
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SECTION 3. Chapter 1023, Estates Code, is amended by adding |
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Section 1023.011 to read as follows: |
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Sec. 1023.011. NO LIABILITY OF JUDGE. (a) When a |
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guardianship is transferred from one county to another in |
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accordance with this chapter, a judge of the court from which the |
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guardianship is transferred may not be held civilly liable for any |
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injury, damage, or loss to the ward or the ward's estate that occurs |
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after the transfer. |
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(b) A judge of the court to which a guardianship is |
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transferred as described by Subsection (a) may not be held civilly |
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liable for any injury, damage, or loss to the ward or the ward's |
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estate that occurred before the transfer. |
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SECTION 4. Subchapter D, Chapter 1055, Estates Code, is |
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amended to read as follows: |
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SUBCHAPTER D. MEDIATION |
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Sec. 1055.151. MEDIATION OF CONTESTED GUARDIANSHIP |
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PROCEEDING. (a) Subject to Subsection (b), on [On] the written |
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agreement of the parties or on the court's own motion, the court may |
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refer a contested guardianship proceeding to mediation. |
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(b) If the court refers to mediation a proceeding under |
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Subsection (a) regarding the appointment of a guardian for a |
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proposed ward: |
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(1) a determination of incapacity of the proposed ward |
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may be an issue to be mediated, but the applicant for guardianship |
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must still prove to the court that the proposed ward is an |
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incapacitated person in accordance with the requirements of Chapter |
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1101; and |
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(2) all parties to the proceeding shall evaluate |
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during the mediation alternatives to guardianship and supports and |
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services available to the proposed ward, including whether the |
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supports and services and alternatives to guardianship would be |
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feasible to avoid the need for appointment of a guardian. |
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(c) The cost of mediation shall be paid by the parties to the |
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proceeding unless otherwise ordered by the court. If the parties |
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are unable to pay the cost of mediation, the court may refer the |
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parties to a local alternative dispute resolution center providing |
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services as part of a system for resolution of disputes established |
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under Section 152.002, Civil Practice and Remedies Code, if a |
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system has been established in the county, and the local center may |
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waive mediation costs as appropriate. |
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Sec. 1055.152. MEDIATED SETTLEMENT AGREEMENTS. (a) A |
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mediated settlement agreement is binding on the parties if the |
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agreement: |
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(1) provides, in a prominently displayed statement |
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that is in boldfaced type, in capital letters, or underlined, that |
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the agreement is not subject to revocation by the parties; |
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(2) is signed by each party to the agreement; and |
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(3) is signed by the party's attorney, if any, who is |
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present at the time the agreement is signed. |
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(b) [(c)] If a mediated settlement agreement meets the |
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requirements of this section, a party is entitled to judgment on the |
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mediated settlement agreement notwithstanding Rule 11, Texas Rules |
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of Civil Procedure, or another rule or law. |
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(c) [(d)] Notwithstanding Subsections (a) and (b) [and
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(c)], a court may decline to enter a judgment on a mediated |
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settlement agreement if the court finds that the agreement is not in |
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the ward's or proposed ward's best interests. |
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SECTION 5. Section 1202.001, Estates Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) A guardianship of the person shall be settled and |
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closed when the court finds that the ward's incapacity needs can be |
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managed without the necessity for that continued guardianship by an |
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alternative to guardianship or with supports and services as |
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provided by Subchapter F. |
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SECTION 6. Chapter 1202, Estates Code, is amended by adding |
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Subchapter F to read as follows: |
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SUBCHAPTER F. TERMINATION OF GUARDIANSHIP OF THE PERSON ON FINDING |
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THAT THE WARD'S INCAPACITY NEEDS CAN BE MANAGED WITHOUT |
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GUARDIANSHIP |
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Sec. 1202.231. TERMINATION OF GUARDIANSHIP OF THE PERSON ON |
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FINDING THAT WARD'S INCAPACITY NEEDS CAN BE MANAGED WITHOUT |
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GUARDIANSHIP. On application by the guardian of the person of a |
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ward, a court investigator or guardian ad litem appointed by the |
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court, or another person interested in the ward's welfare who has |
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been granted permission by the court to intervene under Section |
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1055.003, or on the court's own motion, the court may order that the |
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guardianship of the person of the ward terminate and be settled and |
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closed if the court makes the findings required under Section |
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1202.232. |
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Sec. 1202.232. FINDINGS REQUIRED. Before ordering the |
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termination of a guardianship of the person under Section 1202.231, |
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the court must find by a preponderance of the evidence that: |
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(1) the ward remains a partially or completely |
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incapacitated person; |
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(2) the current nature and degree of the ward's |
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incapacity and the ward's needs can be managed without the |
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necessity of a continued guardianship of the person by: |
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(A) alternatives to guardianship that are |
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available to the ward and that are determined to be feasible; or |
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(B) supports and services that are available to |
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the ward and that are determined to be feasible; and |
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(3) termination of the guardianship of the person: |
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(A) is in the ward's best interest; and |
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(B) will encourage the development or |
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maintenance of maximum self-reliance and independence in the ward. |
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Sec. 1202.233. GENERAL REQUIREMENTS FOR ORDER. A court |
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order that terminates a guardianship of the person under this |
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subchapter must: |
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(1) contain the findings required under Section |
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1202.232; |
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(2) state the guardian's name; |
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(3) state the ward's name; |
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(4) specify: |
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(A) the supports and services that: |
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(i) will meet the ward's needs without the |
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continued necessity for guardianship of the person; and |
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(ii) justify the termination of that |
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guardianship; or |
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(B) the alternatives to guardianship that: |
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(i) will meet the ward's needs without the |
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continued necessity for guardianship of the person; and |
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(ii) justify the termination of that |
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guardianship; |
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(5) identify the persons or entities providing or that |
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will provide: |
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(A) the supports and services described by |
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Subdivision (4)(A); or |
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(B) alternatives to guardianship described by |
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Subdivision (4)(B); |
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(6) state that the guardian is required to: |
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(A) immediately settle the guardianship in |
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accordance with this title; and |
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(B) deliver all of the ward's remaining personal |
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effects and assets, if any, to the persons or entities identified |
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under Subdivision (5)(A) or (B), as applicable; and |
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(7) state that the clerk shall revoke letters of |
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guardianship of the person when the guardianship is finally settled |
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and closed. |
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Sec. 1202.234. NOTICE; APPOINTMENT OF ATTORNEY AD LITEM OR |
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GUARDIAN AD LITEM. A court may enter additional orders in the best |
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interest of the ward, including: |
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(1) requiring notice to interested persons; or |
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(2) appointing an attorney ad litem or guardian ad |
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litem, or both, for the ward. |
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SECTION 7. Chapter 155, Government Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. GUARDIANSHIP MEDIATION TRAINING |
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Sec. 155.301. TRAINING. (a) The office by rule shall |
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establish a training course with at least 24 hours of training for |
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persons facilitating mediations under Title 3, Estates Code, that |
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may be provided by a mediation training provider approved by the |
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office. A mediation training provider shall adhere to the |
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established curriculum in providing the training course. |
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(b) This section does not require a mediator facilitating a |
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mediation under Title 3, Estates Code, to attend or be certified |
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under a training course established under Subsection (a). |
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SECTION 8. The changes in law made by this Act apply to a |
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guardianship created before, on, or after the effective date of |
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this Act. |
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SECTION 9. The Office of Court Administration of the Texas |
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Judicial System is required to implement a provision of this Act |
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only if the legislature appropriates money specifically for that |
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purpose. If the legislature does not appropriate money |
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specifically for that purpose, the office may, but is not required |
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to, implement a provision of this Act using other appropriations |
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available for that purpose. |
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SECTION 10. This Act takes effect September 1, 2019. |
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