By: Moody H.B. No. 2665
A BILL TO BE ENTITLED
AN ACT
rela
ting to access to and receipt of certain information regarding
a ward by certain relatives of the ward.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 1151, Estates Code, is
amended by adding Sections 1151.055 and 1151.056 to read as
follows:
Sec. 1151.055. APPLICATION BY CHILDREN FOR ACCESS TO WARD;
HEARING AND COURT ORDER. (a) A child of a ward may file an
application with the court requesting access to the ward, including
the opportunity to establish visitation or communication with the
ward.
(b) Except as provided by Subsection (c), the court shall
schedule a hearing on the application not later than the 60th day
after the date an application is filed under Subsection (a). The
court may grant a continuance of a hearing under this section for
good cause.
(c) If an application under Subsection (a) states that the
ward's health is in significant decline or that the ward's death may
be imminent, the court shall conduct an emergency hearing as soon as
practicable, but not later than the 10th day after the date the
application is filed under Subsection (a).
(d) The guardian of a ward with respect to whom an
application is filed under Subsection (a) shall be personally
served with a copy of the application and cited to appear at a
hearing under:
(1) Subsection (b) at least 21 days before the date of
the hearing; and
(2) Subsection (c) as soon as practicable.
(e) The court shall issue an order after notice and a
hearing under this section. An order issued under this section may:
(1) prohibit the guardian of a ward from preventing
the applicant access to the ward if the applicant shows by a
preponderance of the evidence that:
(A) the guardian's past act or acts prevented
access to the ward; and
(B) the ward desires contact with the applicant;
and
(2) specify the frequency, time, place, location, and
any other terms of access.
(f) In deciding whether to issue or modify an order issued
under this section, the court:
(1) shall consider:
(A) whether any protective orders have been
issued against the applicant to protect the ward;
(B) whether a court or other state agency has
found that the applicant abused, neglected, or exploited the ward;
and
(C) the best interest of the ward; and
(2) may consider whether:
(A) visitation by the applicant should be limited
to situations in which a third person, specified by the court, is
present; or
(B) visitation should be suspended or denied.
(g) The court may, in its discretion, award the prevailing
party in any action brought under this section court costs and
attorney's fees, if any.
Sec. 1151.056. GUARDIAN'S DUTY TO INFORM CERTAIN RELATIVES
ABOUT WARD'S HEALTH AND RESIDENCE. (a) This section applies with
respect to relatives described under Sections
1101.001(b)(13)(A)-(D).
(b) Except as provided by Subsection (e), the guardian of an
adult ward shall as soon as practicable inform relatives if:
(1) the ward dies;
(2) the ward is admitted to a medical facility for
acute care for a period of three days or more;
(3) the ward's residence has changed; or
(4) the ward is staying at a location other than the
ward's residence for a period that exceeds one calendar week.
(c) In the case of the ward's death, the guardian shall
inform relatives of any funeral arrangements and the location of
the ward's final resting place.
(d) A relative entitled to notice about a ward under this
section may elect to not receive the notice by providing a written
request to that effect to the guardian. A guardian shall file any
written request received by the guardian under this subsection with
the court.
(e) On motion filed with the court showing good cause and
after a relative is provided an opportunity to present evidence to
the court under Subsection (f), the court, subject to Subsection
(g), may relieve the guardian of the duty to provide notice about a
ward to a relative under this section.
(f) A copy of the motion required under Subsection (e) shall
be provided to the relative specifically named in the motion unless
the guardian was unable to locate the relative after making
reasonable efforts to discover and locate the relative. The
relative provided notice under this subsection may file evidence
with the court in response to the motion, and the court shall
consider that evidence before making a decision on the motion.
(g) In considering a motion under Subsection (e), the court
shall relieve the guardian of the duty to provide notice about a
ward to a relative under this section if the court finds that:
(1) the motion includes a written request from a
relative electing to not receive the notice;
(2) the guardian was unable to locate the relative
after making reasonable efforts to discover and locate the
relative;
(3) the guardian was able to locate the relative, but
was unable to establish communication with the relative after
making reasonable efforts to establish communication;
(4) a protective order was issued against the relative
to protect the ward;
(5) a court or other state agency has found that the
relative abused, neglected, or exploited the ward; or
(6) notice is not in the best interest of the ward.
SECTION 2. The changes in law made by this Act apply to a
guardianship created before, on, or after the effective date of
this Act.
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, 2015.