By: Harris S.B. No. 271
(In the Senate - Filed November 12, 2008; February 11, 2009,
read first time and referred to Committee on Jurisprudence;
March 9, 2009, reported favorably by the following vote: Yeas 7,
Nays 0; March 9, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of a successor guardian for certain
wards adjudicated as totally incapacitated.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.101, Human Resources Code, is
amended by amending Subsection (d) and adding Subsection (f) to
read as follows:
(d) The department may not be required by a court to file an
application for guardianship, and except as provided by Subsection
(f) and Section 695(c), Texas Probate Code, the department may not
be appointed as permanent guardian for any individual unless the
department files an application to serve or otherwise agrees to
serve as the individual's guardian of the person or estate, or both.
(f) On appointment by a probate court under Section 695(c),
Texas Probate Code, the department shall serve as the successor
guardian of the person or estate, or both, of a ward described by
that section.
SECTION 2. Section 695, Texas Probate Code, is amended by
adding Subsections (c), (d), and (e) to read as follows:
(c) The court may appoint the Department of Aging and
Disability Services as a successor guardian of the person or
estate, or both, of a ward who has been adjudicated as totally
incapacitated if:
(1) there is no less restrictive alternative to
continuation of the guardianship;
(2) there is no family member or other suitable
person, including a guardianship program, willing and able to serve
as the ward's successor guardian;
(3) the ward is located more than 100 miles from the
court that created the guardianship;
(4) the ward has private assets or access to
government benefits to pay for the needs of the ward;
(5) the department is served with citation and a
hearing is held regarding the department's appointment as proposed
successor guardian; and
(6) the appointment of the department does not violate
a limitation imposed by Subsection (d) of this section.
(d) The number of appointments under Subsection (c) of this
section is subject to an annual limit of 55. The appointments must
be distributed equally or as near as equally as possible among the
health and human services regions of this state. The Department of
Aging and Disability Services at its discretion may establish a
different distribution scheme to promote the efficient use and
administration of resources.
(e) If the Department of Aging and Disability Services is
named as a proposed successor guardian in an application in which
the department is not the applicant, citation must be issued and
served on the department as provided by Section 633(c)(5) of this
code.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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