Texas 2009 - 81st Regular

Texas House Bill HB2260 Compare Versions

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Old	New	Differences
1	1	81R28056 CLG-D
2	2	By: Truitt H.B. No. 2260
3	3	Substitute the following for H.B. No. 2260:
4	4	By: Madden C.S.H.B. No. 2260
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a determination of whether a probate court of this state
10	10	is a more appropriate forum than a court of another state with
11	11	respect to guardianship proceedings involving adults.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Sections 894(a) and (d), Texas Probate Code, are
14	14	amended to read as follows:
15	15	(a) A court in which a guardianship proceeding is filed for
16	16	a minor and in which venue of the proceeding is proper may delay
17	17	further action in the proceeding in that court if:
18	18	(1) another guardianship proceeding involving a
19	19	matter at issue in the proceeding filed in the court is subsequently
20	20	filed in a court in a foreign jurisdiction; and
21	21	(2) venue of the proceeding in the foreign court is
22	22	proper.
23	23	(d) The court shall resume the guardianship proceeding
24	24	involving a minor if the court determines that venue is more
25	25	suitable in that court. If the court determines that venue is more
26	26	suitable in the foreign court, the court shall, with the consent of
27	27	the foreign court, transfer the proceeding to the foreign court.
28	28	SECTION 2. Subpart G, Part 5, Chapter XIII, Texas Probate
29	29	Code, is amended by adding Section 895 to read as follows:
30	30	Sec. 895. DETERMINATION OF MOST APPROPRIATE FORUM FOR
31	31	GUARDIANSHIP PROCEEDINGS FOR ADULTS. (a) This section applies
32	32	only to a guardianship proceeding in which an order for the
33	33	appointment of a guardian for an adult is sought or has been issued.
34	34	(b) In this section, "incapacitated adult" means an adult
35	35	ward or an adult for whom the appointment of a guardian is sought,
36	36	as applicable.
37	37	(c) A court of this state having jurisdiction under this
38	38	chapter or venue under Section 610 of this code to appoint a
39	39	guardian shall decline to exercise its jurisdiction if the court
40	40	determines at any time that a court of another state is a more
41	41	appropriate forum.
42	42	(d) If a court of this state declines to exercise its
43	43	jurisdiction under Subsection (c) of this section, the court shall
44	44	either dismiss or stay the guardianship proceeding. The court may
45	45	impose any condition the court considers just and proper, including
46	46	the condition that a petition for the appointment of a guardian or
47	47	issuance of a protective order be filed promptly in another state.
48	48	(e) In determining whether it is an appropriate forum, a
49	49	court of this state shall consider all relevant factors, including:
50	50	(1) any expressed preference of the incapacitated
51	51	adult;
52	52	(2) whether abuse, neglect, or exploitation of the
53	53	incapacitated adult has occurred or is likely to occur and which
54	54	state could best protect the adult from the abuse, neglect, or
55	55	exploitation;
56	56	(3) the length of time the incapacitated adult was
57	57	physically present in or was a legal resident of this or another
58	58	state;
59	59	(4) the distance of the incapacitated adult from the
60	60	court in each state;
61	61	(5) the financial circumstances of the incapacitated
62	62	adult's estate;
63	63	(6) the nature and location of the evidence;
64	64	(7) the ability of the court in each state to decide
65	65	the issue expeditiously and the procedures necessary to present
66	66	evidence;
67	67	(8) the familiarity of the court of each state with the
68	68	facts and issues in the proceeding; and
69	69	(9) if an appointment were made, the court's ability to
70	70	monitor the conduct of the guardian of the person or estate, or
71	71	both.
72	72	(f) If at any time a court of this state determines that it
73	73	acquired jurisdiction to appoint a guardian of the person or
74	74	estate, or both, of an adult ward because of unjustifiable conduct,
75	75	the court may:
76	76	(1) decline to exercise jurisdiction;
77	77	(2) exercise jurisdiction for the limited purpose of
78	78	fashioning an appropriate remedy to ensure the health, safety, and
79	79	welfare of the incapacitated adult or the protection of the
80	80	incapacitated adult's property or prevent a repetition of the
81	81	unjustifiable conduct, including staying the proceeding until a
82	82	petition for the appointment of a guardian or issuance of a
83	83	protective order is filed in a court of another state having
84	84	jurisdiction; or
85	85	(3) continue to exercise jurisdiction after
86	86	considering:
87	87	(A) the extent to which the incapacitated adult
88	88	and all persons required to be notified of the proceedings have
89	89	acquiesced in the exercise of the court's jurisdiction;
90	90	(B) whether the court of this state is a more
91	91	appropriate forum than the court of any other state under the
92	92	factors set forth in Subsection (e) of this section; and
93	93	(C) whether the court of any other state would
94	94	have jurisdiction under the factual circumstances of the matter.
95	95	(g) If a court of this state determines that it acquired
96	96	jurisdiction to appoint a guardian of the person or estate, or both,
97	97	of an adult ward because a party seeking to invoke its jurisdiction
98	98	engaged in unjustifiable conduct, it may assess against that party
99	99	necessary and reasonable expenses, including attorney's fees,
100	100	investigative fees, court costs, communication expenses, witness
101	101	fees and expenses, and travel expenses. The court may not assess
102	102	fees, costs, or expenses of any kind against this state or a
103	103	governmental subdivision, agency, or instrumentality of this state
104	104	unless authorized by other law.
105	105	SECTION 3. The changes in law made by this Act apply only to
106	106	a guardianship proceeding filed on or after the effective date of
107	107	this Act. A guardianship proceeding filed before the effective
108	108	date of this Act is governed by the law in effect on the date the
109	109	proceeding was filed, and the former law is continued in effect for
110	110	that purpose.
111	111	SECTION 4. This Act takes effect September 1, 2009.