By: West S.B. No. 1236
(N. Gonzalez of El Paso)
A BILL TO BE ENTITLED
AN ACT
relating to the extension of an emergency order for protective
services for certain persons who are elderly or have disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (e-2), Section 48.208, Human
Resources Code, is amended to read as follows:
(e-2) The court, after notice and a hearing, may extend an
emergency order issued under this section, other than an emergency
order that terminated as provided under Subsection (e-1), for a
period of not more than 30 days after the date the original
emergency order for protective services would have expired under
Subsection (e) [was rendered]. The court, after notice and a
hearing and for good cause shown, may grant a second extension of an
emergency order of not more than an additional 30 days. The court
may not grant more than two extensions of the original emergency
order. An extension order that ends on a Saturday, Sunday, or legal
holiday is automatically extended to 4 p.m. on the first succeeding
business day. The court may modify or terminate the emergency order
on petition of the department, the incapacitated person, or any
person interested in the person's welfare.
SECTION 2. 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, 2013.