Texas 2009 - 81st Regular

Texas House Bill HB3112 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	81R14599 T
2	2	By: Hartnett H.B. No. 3112
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to determining the need for guardianship.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 161.101, Human Resource Code, is amended
10	10	by adding Section 161.101(d) renumbering subsequent subsections
11	11	accordingly and is additionally amended to read as follows:
12	12	Sec. 161.101. GUARDIANSHIP SERVICES.
13	13	(b) The department shall conduct a thorough assessment of
14	14	the conditions and circumstances of an elderly or disabled person
15	15	referred to the department under Section 48.209(a)(2) for
16	16	guardianship services to determine whether a guardianship is
17	17	appropriate for the individual. In conducting the assessment of
18	18	the conditions and circumstances, the department must use the
19	19	current physician's certificate provided by Adult Protective
20	20	Services that complies with Section 687(a) of the Texas Probate
21	21	Code. The department may consider the investigation and findings
22	22	of Adult Protective Services concerning the elderly or disabled
23	23	person to determine whether a guardianship is appropriate. In
24	24	addition to the conditions and circumstances of the elderly or
25	25	disabled person, [In determining whether a guardianship is
26	26	appropriate,] the department may consider the person's resources
27	27	and funds available [to meet the needs of the disabled or elderly
28	28	person ] and resources and funds that the elderly or disabled person
29	29	may qualify for to determine whether a guardianship is appropriate.
30	30	The executive commissioner shall adopt rules for the administration
31	31	of this subsection.
32	32	(c) If after conducting an assessment of an elderly or
33	33	disabled person under Subsection (b) the department determines that
34	34	a guardianship is appropriate for the elderly or disabled person,
35	35	the department shall file an application under Section 682 or 875,
36	36	Texas Probate Code, to be appointed guardian of the person or
37	37	estate, or both, of the individual using the current physician's
38	38	certificate provided by Adult Protective Services. If after
39	39	conducting the assessment the department determines that a less
40	40	restrictive alternative to guardianship is available for the
41	41	elderly or disabled person, the department shall pursue the less
42	42	restrictive alternative instead of applying for appointment as the
43	43	person's guardian.
44	44	(d) Within 30 days of receiving a referral to the department
45	45	under Section 48.209(a) for guardianship services, the department
46	46	shall determine if a guardianship is appropriate or if there are
47	47	appropriate less restrictive alternatives. If guardianship is
48	48	appropriate, the department must file an application for
49	49	guardianship under Sections 682 or 875 of the Texas Probate Code
50	50	within that 30 day period.
51	51	SECTION 2. Section 48.209, Human Resource Code, is amended
52	52	by adding Section 48.209(b) and renumber subsequent subsections
53	53	accordingly:
54	54	(b) When the department refers an individual to the
55	55	Department of Aging and Disability Services for guardianship
56	56	services under Subchapter E, Chapter 161, the department shall
57	57	provide a current physician's certificate that complies with
58	58	Section 687(a) of the Texas Probate Code. The physician's
59	59	certificate must not expire within 31 days of the referral to the
60	60	Department of Aging and Disability Services.
61	61	SECTION 3. This Act takes effect September 1, 2009.