Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:
John McGeady, Assistant Director Sarah Keyton, Assistant Director Legislative Budget Board
IN RE:
HB4562 by Metcalf (Relating to parental administrations for certain incapacitated adults; authorizing a fee; creating a criminal offense.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Estates Code, Code of Criminal Procedure, Government Code, Health and Safety Code, Human Resources Code, Local Government Code, and the Penal Code to establish an alternative to guardianship deemed parental administration. Under the provisions of the bill, a court would be allowed to appoint a parent of an incapacitated adult as a parental administrator upon the determination that the appointment is in the best interest of the incapacitated adult. A parental administrator would be required to be registered with the Judicial Branch Certification Commission and pay the same filing fees applicable to guardianships.
Based on the analysis of the Office of Court Administration, parental administration would likely apply to cases in which a guardian would otherwise be appointed; therefore, duties and responsibilities associated with implementing the provisions of the bill could be accomplished using existing resources.
The bill would take effect September 1, 2019.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council