H.B. No. 3112
AN ACT
relating to the referral of an elderly or disabled person to the
Department of Aging and Disability Services and the determination
by that agency of the need for a guardianship for that person.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.101, Human Resources Code, is
amended by amending Subsections (b) and (c) and adding Subsections
(c-1) and (c-2) to read as follows:
(b) The department shall conduct a thorough assessment of
the conditions and circumstances of an elderly or disabled person
referred to the department under Section 48.209(a)(2) for
guardianship services to determine whether a guardianship is
appropriate for the individual or whether a less restrictive
alternative is available for the individual. In determining
whether a guardianship is appropriate, the department may consider
the resources and funds available to meet the needs of the elderly
or disabled person. The executive commissioner shall adopt rules
for the administration of this subsection.
(c) Subject to Subsection (c-1), if [If] after conducting an
assessment of an elderly or disabled person under Subsection (b)
the department determines that:
(1) [a] guardianship is appropriate for the elderly or
disabled person, the department shall:
(A) file an application under Section 682 or 875,
Texas Probate Code, to be appointed guardian of the person or
estate, or both, of the individual; or
(B) if the department determines that an
alternative person or program described by Section 161.102 is
available to serve as guardian, refer the individual to that person
or program as provided by that section; or
(2) [. If after conducting the assessment the
department determines that] a less restrictive alternative to
guardianship is available for the elderly or disabled person, the
department shall pursue the less restrictive alternative instead of
taking an action described by Subdivision (1) [applying for
appointment as the person's guardian].
(c-1) Not later than the 70th day after the date the
department receives a referral under Section 48.209(a)(2) for
guardianship services, the department shall make the determination
required by Subsection (c) and, if the department determines that
guardianship is appropriate and that the department should serve as
guardian, file the application to be appointed guardian under
Section 682 or 875, Texas Probate Code. If the department
determines that an alternative person or program described by
Section 161.102 is available to serve as guardian, the department
shall refer the elderly or disabled person to that person or program
in a manner that would allow the person or program sufficient time
to file, not later than the 70th day after the date the department
received the referral, an application to be appointed guardian.
(c-2) With the approval of the Department of Family and
Protective Services, the department may extend, by not more than 30
days, a period prescribed by Subsection (c-1) if the extension is:
(1) made in good faith, including any extension for a
person or program described by Section 161.102 that intends to file
an application to be appointed guardian; and
(2) in the best interest of the elderly or disabled
person.
SECTION 2. The changes in law made by this Act apply to a
referral of a person by the Department of Family and Protective
Services to the Department of Aging and Disability Services for a
determination of the need for a guardianship that is made on or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3112 was passed by the House on May
15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3112 was passed by the Senate on May
27, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor