Texas 2015 - 84th Regular

Texas House Bill HB2998 Compare Versions

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1	1	84R911 CLG-F
2	2	By: Rodriguez of Bexar, et al. H.B. No. 2998
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to adoption of the Uniform Adult Guardianship and
8	8	Protective Proceedings Jurisdiction Act.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle G, Title 3, Estates Code, is amended by
11	11	adding Chapter 1254 to read as follows:
12	12	CHAPTER 1254. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE
13	13	PROCEEDINGS JURISDICTION ACT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 1254.001. SHORT TITLE. This chapter may be cited as
16	16	the Uniform Adult Guardianship and Protective Proceedings
17	17	Jurisdiction Act.
18	18	Sec. 1254.002. DEFINITIONS. In this chapter:
19	19	(1) "Adult" means an individual who is 18 years of age
20	20	or older.
21	21	(2) "Conservator" means a person appointed by the
22	22	court of another state to administer the property of an adult.
23	23	(3) "Guardian" means:
24	24	(A) if used in reference to a guardianship in
25	25	this state, a person appointed by the court to make decisions
26	26	regarding the person of an adult or to administer the property of an
27	27	adult. The term includes:
28	28	(i) a person appointed guardian of the
29	29	person of an adult ward under Chapter 1101;
30	30	(ii) a person appointed guardian of the
31	31	estate of an adult ward under Chapter 1101; and
32	32	(iii) a person appointed guardian of both
33	33	the person and estate of an adult ward under Chapter 1101; or
34	34	(B) if used in reference to a guardianship in
35	35	another state, a person appointed by the court of that state to make
36	36	decisions regarding the person of an adult.
37	37	(4) "Guardianship order" means an order appointing a
38	38	guardian.
39	39	(5) "Guardianship proceeding" means a judicial
40	40	proceeding in which an order for the appointment of a guardian is
41	41	sought or has been issued.
42	42	(6) "Incapacitated adult" means an adult for whom a
43	43	guardian has been appointed.
44	44	(7) "Party" means the respondent, petitioner,
45	45	guardian, conservator, or any other person allowed by the court to
46	46	participate in a guardianship or protective proceeding.
47	47	(8) "Person," except in the term protected person,
48	48	means an individual, corporation, business trust, estate, trust,
49	49	partnership, limited liability company, association, joint
50	50	venture, public corporation, government or governmental
51	51	subdivision, agency, or instrumentality, or other legal or
52	52	commercial entity.
53	53	(9) "Protected person" means an adult for whom a
54	54	protective order has been issued.
55	55	(10) "Protective order" means an order appointing a
56	56	conservator or other order related to management of an adult's
57	57	property.
58	58	(11) "Protective proceeding" means a judicial
59	59	proceeding in which a protective order is sought or has been issued.
60	60	(12) "Record" means information that is inscribed on a
61	61	tangible medium or that is stored in an electronic or other medium
62	62	and is retrievable in perceivable form.
63	63	(13) "Respondent" means an adult for whom a protective
64	64	order or the appointment of a guardian is sought.
65	65	(14) "State" means a state of the United States, the
66	66	District of Columbia, Puerto Rico, the United States Virgin
67	67	Islands, a federally recognized Indian tribe, or any territory or
68	68	insular possession subject to the jurisdiction of the United
69	69	States.
70	70	Sec. 1254.003. INTERNATIONAL APPLICATION OF CHAPTER. A
71	71	court of this state may treat a foreign country as if it were a state
72	72	for the purpose of applying this subchapter and Subchapters B, C,
73	73	and E.
74	74	Sec. 1254.004. COMMUNICATION BETWEEN COURTS. (a) A court
75	75	of this state may communicate with a court in another state
76	76	concerning a proceeding arising under this chapter. The court may
77	77	allow the parties to participate in the communication. Except as
78	78	otherwise provided in Subsection (b), the court shall make a record
79	79	of the communication. The record may be limited to the fact that
80	80	the communication occurred.
81	81	(b) Courts may communicate concerning schedules, calendars,
82	82	court records, and other administrative matters without making a
83	83	record.
84	84	Sec. 1254.005. COOPERATION BETWEEN COURTS. (a) In a
85	85	guardianship proceeding in this state, a court of this state may
86	86	request the appropriate court of another state to do any of the
87	87	following:
88	88	(1) hold an evidentiary hearing;
89	89	(2) order a person in that state to produce evidence or
90	90	give testimony pursuant to procedures of that state;
91	91	(3) order that an evaluation or assessment be made of
92	92	the respondent;
93	93	(4) order any appropriate investigation of a person
94	94	involved in a proceeding;
95	95	(5) forward to the court of this state a certified copy
96	96	of the transcript or other record of a hearing under Subdivision (1)
97	97	or any other proceeding, any evidence otherwise produced under
98	98	Subdivision (2), any evaluation or assessment prepared in
99	99	compliance with an order under Subdivision (3), and the results of
100	100	any investigation conducted in compliance with an order under
101	101	Subdivision (4);
102	102	(6) issue any order necessary to assure the appearance
103	103	in the proceeding of a person whose presence is necessary for the
104	104	court to make a determination, including the respondent or the
105	105	adult ward; or
106	106	(7) issue an order authorizing the release of medical,
107	107	financial, criminal, or other relevant information in that state,
108	108	including protected health information that is subject to 45 C.F.R.
109	109	Section 164.504.
110	110	(b) If a court of another state in which a guardianship or
111	111	protective proceeding is pending requests assistance of the kind
112	112	provided in Subsection (a), a court of this state has jurisdiction
113	113	for the limited purpose of granting the request or making
114	114	reasonable efforts to comply with the request.
115	115	Sec. 1254.006. TAKING TESTIMONY IN ANOTHER STATE. (a) In a
116	116	guardianship proceeding, in addition to other procedures that may
117	117	be available, testimony of a witness who is located in another state
118	118	may be offered by deposition or other means allowable in this state
119	119	for testimony taken in another state. The court on its own motion
120	120	may order that the testimony of a witness be taken in another state
121	121	and may prescribe the manner in which and the terms on which the
122	122	testimony is to be taken.
123	123	(b) In a guardianship proceeding, a court in this state may
124	124	permit a witness located in another state to be deposed or to
125	125	testify by telephone or audiovisual or other electronic means. A
126	126	court of this state shall cooperate with the court of the other
127	127	state in designating an appropriate location for the deposition or
128	128	testimony.
129	129	(c) Documentary evidence transmitted from another state to
130	130	a court of this state by technological means that do not produce an
131	131	original writing may not be excluded from evidence on an objection
132	132	based on the best evidence rule.
133	133	Sec. 1254.007. CONFLICT WITH OTHER PROVISIONS OF TITLE. To
134	134	the extent of any conflict between a provision of this chapter and
135	135	any other provision of this title, the provision of this chapter
136	136	controls.
137	137	Sec. 1254.008. CERTAIN PROVISIONS OF TITLE NOT APPLICABLE.
138	138	Chapter 1002 does not apply to this chapter.
139	139	SUBCHAPTER B. JURISDICTION
140	140	Sec. 1254.051. DEFINITIONS; SIGNIFICANT-CONNECTION
141	141	FACTORS. (a) In this subchapter:
142	142	(1) "Emergency" means a circumstance that likely will
143	143	result in substantial harm to a respondent's health, safety, or
144	144	welfare, and for which the appointment of a guardian is necessary
145	145	because no other person has authority and is willing to act on the
146	146	respondent's behalf.
147	147	(2) "Home state" means the state in which the
148	148	respondent was physically present, including any period of
149	149	temporary absence, for at least six consecutive months immediately
150	150	before the filing of a petition for a protective order or the
151	151	appointment of a guardian in another state or the filing of an
152	152	application for the appointment of a guardian in this state; or if
153	153	none, the state in which the respondent was physically present,
154	154	including any period of temporary absence, for at least six
155	155	consecutive months ending within the six months prior to the filing
156	156	of the petition or application.
157	157	(3) "Significant-connection state" means a state,
158	158	other than the home state, with which a respondent has a significant
159	159	connection other than mere physical presence and in which
160	160	substantial evidence concerning the respondent is available.
161	161	(b) In determining under Sections 1254.053 and 1254.101(e)
162	162	whether a respondent has a significant connection with a particular
163	163	state, the court shall consider:
164	164	(1) the location of the respondent's family and other
165	165	persons required to be notified of the guardianship proceeding;
166	166	(2) the length of time the respondent at any time was
167	167	physically present in the state and the duration of any absence;
168	168	(3) the location of the respondent's property; and
169	169	(4) the extent to which the respondent has ties to the
170	170	state such as voting registration, state or local tax return
171	171	filing, vehicle registration, driver's license, social
172	172	relationship, and receipt of services.
173	173	Sec. 1254.052. EXCLUSIVE BASIS. Notwithstanding any other
174	174	provision of this title, this subchapter provides the exclusive
175	175	jurisdictional basis for a court of this state to appoint a guardian
176	176	of the person or estate, or both, for an adult.
177	177	Sec. 1254.053. JURISDICTION. A court of this state has
178	178	jurisdiction to appoint a guardian of the person or estate, or both,
179	179	for a respondent if:
180	180	(1) this state is the respondent's home state;
181	181	(2) on the date the application is filed, this state is
182	182	a significant-connection state and:
183	183	(A) the respondent does not have a home state or a
184	184	court of the respondent's home state has declined to exercise
185	185	jurisdiction because this state is a more appropriate forum; or
186	186	(B) the respondent has a home state, a petition
187	187	for an appointment of a guardian or issuance of a protective order
188	188	is not pending in a court of that state or another
189	189	significant-connection state, and, before the court makes the
190	190	appointment:
191	191	(i) a petition for an appointment of a
192	192	guardian or issuance of a protective order is not filed in the
193	193	respondent's home state;
194	194	(ii) an objection to the court's
195	195	jurisdiction is not filed by a person required to be notified of the
196	196	proceeding; and
197	197	(iii) the court in this state concludes
198	198	that it is an appropriate forum under the factors set forth in
199	199	Section 1254.056;
200	200	(3) this state does not have jurisdiction under either
201	201	Subdivision (1) or (2), the respondent's home state and all
202	202	significant-connection states have declined to exercise
203	203	jurisdiction because this state is the more appropriate forum, and
204	204	jurisdiction in this state is consistent with provisions of the
205	205	Texas Constitution and the United States Constitution; or
206	206	(4) the requirements for special jurisdiction under
207	207	Section 1254.054 are met.
208	208	Sec. 1254.054. SPECIAL JURISDICTION. (a) A court of this
209	209	state lacking jurisdiction under Section 1254.053(1), (2), or (3)
210	210	has special jurisdiction to do any of the following:
211	211	(1) appoint a guardian of the person in an emergency
212	212	for a term not to exceed 90 days for a respondent who is physically
213	213	present in this state;
214	214	(2) appoint a guardian of the estate with respect to
215	215	real or tangible personal property located in this state; or
216	216	(3) appoint a guardian of the person, guardian of the
217	217	estate, or guardian of both the person and estate, as applicable,
218	218	for an incapacitated adult or protected person for whom a
219	219	provisional order to transfer the proceeding from another state has
220	220	been issued under procedures similar to Section 1254.101.
221	221	(b) If an application for the appointment of a guardian of
222	222	the person in an emergency is brought in this state and this state
223	223	was not the respondent's home state on the date the application was
224	224	filed, the court shall dismiss the proceeding at the request of the
225	225	court of the home state, if any, whether dismissal is requested
226	226	before or after the emergency appointment.
227	227	Sec. 1254.055. EXCLUSIVE AND CONTINUING JURISDICTION.
228	228	Except as otherwise provided in Section 1254.054, a court that has
229	229	appointed a guardian of the person or estate, or both, consistent
230	230	with this chapter has exclusive and continuing jurisdiction over
231	231	the proceeding until it is terminated by the court or the
232	232	appointment expires by its own terms.
233	233	Sec. 1254.056. APPROPRIATE FORUM. (a) A court of this
234	234	state having jurisdiction under Section 1254.053 to appoint a
235	235	guardian of the person or estate, or both, may decline to exercise
236	236	its jurisdiction if it determines at any time that a court of
237	237	another state is a more appropriate forum.
238	238	(b) If a court of this state declines to exercise its
239	239	jurisdiction under Subsection (a), it shall either dismiss or stay
240	240	the proceeding. The court may impose any condition the court
241	241	considers just and proper, including the condition that a petition
242	242	for the appointment of a guardian or issuance of a protective order
243	243	be filed promptly in another state.
244	244	(c) In determining whether it is an appropriate forum, the
245	245	court shall consider all relevant factors, including:
246	246	(1) any expressed preference of the respondent;
247	247	(2) whether abuse, neglect, or exploitation of the
248	248	respondent has occurred or is likely to occur and which state could
249	249	best protect the respondent from the abuse, neglect, or
250	250	exploitation;
251	251	(3) the length of time the respondent was physically
252	252	present in or was a legal resident of this or another state;
253	253	(4) the distance of the respondent from the court in
254	254	each state;
255	255	(5) the financial circumstances of the respondent's
256	256	estate;
257	257	(6) the nature and location of the evidence;
258	258	(7) the ability of the court in each state to decide
259	259	the issue expeditiously and the procedures necessary to present
260	260	evidence;
261	261	(8) the familiarity of the court of each state with the
262	262	facts and issues in the proceeding; and
263	263	(9) if an appointment were made, the court's ability to
264	264	monitor the conduct of the guardian of the person or estate, or
265	265	both.
266	266	Sec. 1254.057. JURISDICTION DECLINED BY REASON OF CONDUCT.
267	267	(a) If at any time a court of this state determines that it acquired
268	268	jurisdiction to appoint a guardian of the person or estate, or both,
269	269	for an adult because of unjustifiable conduct, the court may:
270	270	(1) decline to exercise jurisdiction;
271	271	(2) exercise jurisdiction for the limited purpose of
272	272	fashioning an appropriate remedy to ensure the health, safety, and
273	273	welfare of the respondent or the protection of the respondent's
274	274	property or prevent a repetition of the unjustifiable conduct,
275	275	including staying the proceeding until a petition for the
276	276	appointment of a guardian or issuance of a protective order is filed
277	277	in a court of another state having jurisdiction; or
278	278	(3) continue to exercise jurisdiction after
279	279	considering:
280	280	(A) the extent to which the respondent and all
281	281	persons required to be notified of the proceedings have acquiesced
282	282	in the exercise of the court's jurisdiction;
283	283	(B) whether it is a more appropriate forum than
284	284	the court of any other state under the factors set forth in Section
285	285	1254.056(c); and
286	286	(C) whether the court of any other state would
287	287	have jurisdiction under factual circumstances in substantial
288	288	conformity with the jurisdictional standards of Section 1254.053.
289	289	(b) If a court of this state determines that it acquired
290	290	jurisdiction to appoint a guardian of the person or estate, or both,
291	291	for an adult because a party seeking to invoke its jurisdiction
292	292	engaged in unjustifiable conduct, it may assess against that party
293	293	necessary and reasonable expenses, including attorney's fees,
294	294	investigative fees, court costs, communication expenses, witness
295	295	fees and expenses, and travel expenses. The court may not assess
296	296	fees, costs, or expenses of any kind against this state or a
297	297	governmental subdivision, agency, or instrumentality of this state
298	298	unless authorized by law other than this chapter.
299	299	Sec. 1254.058. NOTICE OF PROCEEDING. If an application for
300	300	the appointment of a guardian of the person or estate, or both, for
301	301	an adult is brought in this state and this state was not the
302	302	respondent's home state on the date the application was filed, in
303	303	addition to complying with the notice requirements of this state,
304	304	notice of the application must be given to those persons who would
305	305	be entitled to notice of the application if a proceeding were
306	306	brought in the respondent's home state. The notice must be given in
307	307	the same manner as notice is required to be given in this state.
308	308	Sec. 1254.059. PROCEEDINGS IN MORE THAN ONE STATE. Except
309	309	for an application for the appointment of a guardian of the person
310	310	in an emergency or the appointment of a guardian of the estate
311	311	limited to property located in this state under Section
312	312	1254.054(a)(1) or (2), if an application for the appointment of a
313	313	guardian is filed in this state and a petition for the appointment
314	314	of a guardian or issuance of a protective order is filed in another
315	315	state and neither the application nor petition has been dismissed
316	316	or withdrawn, the following rules apply:
317	317	(1) If the court in this state has jurisdiction under
318	318	Section 1254.053, it may proceed with the case unless a court in
319	319	another state acquires jurisdiction under provisions similar to
320	320	Section 1254.053 before the appointment.
321	321	(2) If the court in this state does not have
322	322	jurisdiction under Section 1254.053, whether at the time the
323	323	application is filed or at any time before the appointment, the
324	324	court shall stay the proceeding and communicate with the court in
325	325	the other state. If the court in the other state has jurisdiction,
326	326	the court in this state shall dismiss the application unless the
327	327	court in the other state determines that the court in this state is
328	328	a more appropriate forum.
329	329	SUBCHAPTER C. TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP
330	330	Sec. 1254.101. TRANSFER OF GUARDIANSHIP TO ANOTHER STATE.
331	331	(a) A guardian of the person or estate, or both, of an adult ward
332	332	appointed in this state may petition the court to transfer the
333	333	guardianship of the person or estate, or both, to another state.
334	334	(b) Notice of a petition under Subsection (a) must be given
335	335	to the persons that would be entitled to notice of an application in
336	336	this state for the appointment of a guardian of the person or
337	337	estate, or both, for an adult ward.
338	338	(c) On the court's own motion or on request of the guardian
339	339	of the person or estate, or both, of an adult ward, as applicable,
340	340	the adult ward, or another person required to be notified of the
341	341	petition, the court shall hold a hearing on a petition filed
342	342	pursuant to Subsection (a).
343	343	(d) The court shall issue a provisional order granting a
344	344	petition to transfer a guardianship of the person and shall direct
345	345	the guardian of the person to petition for guardianship in the other
346	346	state if the court is satisfied that the guardianship of the person
347	347	will be accepted by the court in the other state and the court finds
348	348	that:
349	349	(1) the adult ward for whom a guardian of the person
350	350	has been appointed is physically present in or is reasonably
351	351	expected to move permanently to the other state;
352	352	(2) an objection to the transfer has not been made or,
353	353	if an objection has been made, the objector has not established that
354	354	the transfer would be contrary to the interests of the adult ward;
355	355	and
356	356	(3) plans for care and services for the adult ward in
357	357	the other state are reasonable and sufficient.
358	358	(e) The court shall issue a provisional order granting a
359	359	petition to transfer a guardianship of the estate and shall direct
360	360	the guardian of the estate to petition for conservatorship in the
361	361	other state if the court is satisfied that the guardianship of the
362	362	estate will be accepted by the court of the other state and the
363	363	court finds that:
364	364	(1) the adult ward for whom a guardian of the estate
365	365	has been appointed is physically present in or is reasonably
366	366	expected to move permanently to the other state, or the adult ward
367	367	has a significant connection to the other state considering the
368	368	factors in Section 1254.051(b);
369	369	(2) an objection to the transfer has not been made or,
370	370	if an objection has been made, the objector has not established that
371	371	the transfer would be contrary to the interests of the adult ward;
372	372	and
373	373	(3) adequate arrangements will be made for management
374	374	of the adult ward's property.
375	375	(f) The court shall issue a final order confirming the
376	376	transfer and terminating the guardianship of the person or estate,
377	377	or both, of the adult ward, as applicable, on its receipt of:
378	378	(1) a provisional order accepting the proceeding from
379	379	the court to which the proceeding is to be transferred which is
380	380	issued under provisions similar to Section 1254.102; and
381	381	(2) the documents required to terminate in this state
382	382	a guardianship of the person or estate, or both, of an adult ward,
383	383	as applicable.
384	384	Sec. 1254.102. ACCEPTING GUARDIANSHIP OR CONSERVATORSHIP
385	385	TRANSFERRED FROM ANOTHER STATE. (a) To confirm transfer of a
386	386	guardianship or conservatorship transferred to this state under
387	387	provisions similar to Section 1254.101, the guardian or conservator
388	388	must petition the court in this state to accept the guardianship or
389	389	conservatorship. The petition must include a certified copy of the
390	390	other state's provisional order of transfer.
391	391	(b) Notice of a petition under Subsection (a) must be given
392	392	to those persons that would be entitled to notice if the petition
393	393	were a petition or application for the appointment of a guardian or
394	394	issuance of a protective order in both the transferring state and
395	395	this state. The notice must be given in the same manner as notice is
396	396	required to be given in this state.
397	397	(c) On the court's own motion or on request of the guardian
398	398	or conservator, the incapacitated adult or protected person, or
399	399	another person required to be notified of the proceeding, the court
400	400	shall hold a hearing on a petition filed pursuant to Subsection (a).
401	401	(d) The court shall issue a provisional order granting a
402	402	petition filed under Subsection (a) unless:
403	403	(1) an objection is made and the objector establishes
404	404	that transfer of the proceeding would be contrary to the interests
405	405	of the incapacitated adult or protected person; or
406	406	(2) the guardian or conservator is ineligible for
407	407	appointment in this state.
408	408	(e) The court shall issue a final order accepting the
409	409	proceeding and appointing the guardian or conservator as guardian
410	410	of the person or estate, or both, as applicable, in this state on
411	411	its receipt from the court from which the proceeding is being
412	412	transferred of a final order issued under provisions similar to
413	413	Section 1254.101 transferring the proceeding to this state.
414	414	(f) Not later than 90 days after issuance of a final order
415	415	accepting transfer of a guardianship or conservatorship, the court
416	416	shall determine whether the guardianship or conservatorship needs
417	417	to be modified to conform to the law of this state.
418	418	(g) In granting a petition under this section, the court
419	419	shall recognize a guardianship or conservatorship order from the
420	420	other state, including the determination of the incapacitated
421	421	adult's or protected person's incapacity and the appointment of the
422	422	guardian or conservator.
423	423	(h) The denial by a court of this state of a petition to
424	424	accept a guardianship or conservatorship transferred from another
425	425	state does not affect the ability of the guardian or conservator to
426	426	seek appointment in this state as guardian of the person or estate,
427	427	or both, of the adult under Section 1101.001 if the court has
428	428	jurisdiction to make an appointment other than by reason of the
429	429	provisional order of transfer.
430	430	SUBCHAPTER D. REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER
431	431	STATES
432	432	Sec. 1254.151. REGISTRATION OF GUARDIANSHIP ORDERS FROM
433	433	OTHER STATES. If a guardian has been appointed in another state and
434	434	an application for the appointment of a guardian of the person or
435	435	guardian of both the person and estate of the adult is not pending
436	436	in this state, the guardian appointed in the other state, after
437	437	giving notice to the appointing court of an intent to register, may
438	438	register the guardianship order in this state by filing as a foreign
439	439	judgment in a court, in any appropriate county of this state,
440	440	certified copies of the order and letters of office.
441	441	Sec. 1254.152. REGISTRATION OF PROTECTIVE ORDERS. If a
442	442	conservator has been appointed in another state and an application
443	443	for the appointment of a guardian of the estate or guardian of both
444	444	the person and estate of the adult is not pending in this state, the
445	445	conservator appointed in the other state, after giving notice to
446	446	the appointing court of an intent to register, may register the
447	447	protective order in this state by filing as a foreign judgment in a
448	448	court of this state, in any county in which property belonging to
449	449	the protected person is located, certified copies of the order and
450	450	letters of office and of any bond.
451	451	Sec. 1254.153. EFFECT OF REGISTRATION. (a) On
452	452	registration of a guardianship or protective order from another
453	453	state, the guardian or conservator may exercise in this state all
454	454	powers authorized in the order of appointment except as prohibited
455	455	under the laws of this state, including maintaining actions and
456	456	proceedings in this state and, if the guardian or conservator is not
457	457	a resident of this state, subject to any conditions imposed on
458	458	nonresident parties.
459	459	(b) A court of this state may grant any relief available
460	460	under this chapter and other laws of this state to enforce a
461	461	registered order.
462	462	SUBCHAPTER E. MISCELLANEOUS PROVISIONS
463	463	Sec. 1254.201. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
464	464	In applying and construing this chapter, consideration must be
465	465	given to the need to promote uniformity of the law with respect to
466	466	the subject matter of this chapter among states that enact a law
467	467	substantially similar to this chapter.
468	468	Sec. 1254.202. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
469	469	AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and
470	470	supersedes the federal Electronic Signatures in Global and National
471	471	Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify,
472	472	limit, or supersede Section 101(c) of that Act (15 U.S.C. Section
473	473	7001(c)) or authorize electronic delivery of any of the notices
474	474	described in Section 103(b) of that Act (15 U.S.C. Section
475	475	7003(b)).
476	476	SECTION 2. The heading to Chapter 1253, Estates Code, is
477	477	amended to read as follows:
478	478	CHAPTER 1253. INTERSTATE GUARDIANSHIPS INVOLVING MINORS
479	479	SECTION 3. Sections 1253.001 and 1253.002, Estates Code,
480	480	are amended to read as follows:
481	481	Sec. 1253.001. APPLICATION TO TRANSFER GUARDIANSHIP TO
482	482	FOREIGN JURISDICTION. A guardian of the person or estate of a minor
483	483	ward may apply to the court that has jurisdiction over the
484	484	guardianship to transfer the guardianship to a court in a foreign
485	485	jurisdiction to which the ward has permanently moved.
486	486	Sec. 1253.002. NOTICE OF APPLICATION. Notice of an
487	487	application to transfer a guardianship under this subchapter shall
488	488	be:
489	489	(1) served personally on the minor ward; and
490	490	(2) given to the foreign court to which the
491	491	guardianship is to be transferred.
492	492	SECTION 4. Sections 1253.003(a) and (b), Estates Code, are
493	493	amended to read as follows:
494	494	(a) On the court's own motion or on the motion of the minor
495	495	ward or any interested person, the court shall hold a hearing to
496	496	consider an application to transfer a guardianship under this
497	497	subchapter.
498	498	(b) The court shall transfer a guardianship to a foreign
499	499	court if the court determines the transfer is in the best interests
500	500	of the minor ward. The transfer of the guardianship must be made
501	501	contingent on the acceptance of the guardianship in the foreign
502	502	jurisdiction.
503	503	SECTION 5. Sections 1253.051 and 1253.052, Estates Code,
504	504	are amended to read as follows:
505	505	Sec. 1253.051. APPLICATION FOR RECEIPT AND ACCEPTANCE OF
506	506	FOREIGN GUARDIANSHIP. A guardian appointed by a foreign court to
507	507	represent a minor [an incapacitated person] who is residing in this
508	508	state or intends to move to this state may file an application with
509	509	a court in which the minor ward resides or intends to reside to have
510	510	the guardianship transferred to the court. The application must
511	511	have attached a certified copy of all papers of the guardianship
512	512	filed and recorded in the foreign court.
513	513	Sec. 1253.052. NOTICE OF APPLICATION. Notice of an
514	514	application for receipt and acceptance of a foreign guardianship
515	515	under this subchapter shall be:
516	516	(1) served personally on the minor ward; and
517	517	(2) given to the foreign court from which the
518	518	guardianship is to be transferred.
519	519	SECTION 6. Sections 1253.053(c) and (d), Estates Code, are
520	520	amended to read as follows:
521	521	(c) The court shall grant the application if the transfer of
522	522	the guardianship from the foreign jurisdiction is in the best
523	523	interests of the minor ward.
524	524	(d) In granting the application, the court shall give full
525	525	faith and credit to the provisions of the foreign guardianship
526	526	order concerning the determination of the minor ward's incapacity
527	527	and the rights, powers, and duties of the guardian.
528	528	SECTION 7. Sections 1253.056 and 1253.101, Estates Code,
529	529	are amended to read as follows:
530	530	Sec. 1253.056. CONSTRUCTION WITH OTHER LAW. The denial of
531	531	an application for receipt and acceptance of a guardianship under
532	532	this subchapter does not affect the right of a guardian appointed by
533	533	a foreign court to file an application to be appointed guardian of
534	534	the minor [incapacitated person] under Section 1101.001.
535	535	Sec. 1253.101. DELAY OF CERTAIN GUARDIANSHIP PROCEEDINGS.
536	536	A court in which a guardianship proceeding involving a minor is
537	537	filed and in which venue of the proceeding is proper may delay
538	538	further action in the proceeding in that court if:
539	539	(1) another guardianship proceeding involving a
540	540	matter at issue in the proceeding filed in the court is subsequently
541	541	filed in a court in a foreign jurisdiction; and
542	542	(2) venue of the proceeding in the foreign court is
543	543	proper.
544	544	SECTION 8. Section 1253.102(b), Estates Code, is amended to
545	545	read as follows:
546	546	(b) In making a determination under Subsection (a), the
547	547	court may consider:
548	548	(1) the interests of justice;
549	549	(2) the best interests of the minor ward or proposed
550	550	minor ward;
551	551	(3) the convenience of the parties; and
552	552	(4) the preference of the minor ward or proposed minor
553	553	ward, if the ward or proposed ward is at least 12 years of age [or
554	554	older].
555	555	SECTION 9. Sections 1253.103 and 1253.151, Estates Code,
556	556	are amended to read as follows:
557	557	Sec. 1253.103. NECESSARY ORDERS. A court that delays
558	558	further action in a guardianship proceeding under Section 1253.101
559	559	may issue any order the court considers necessary to protect the
560	560	proposed minor ward or the proposed minor ward's estate.
561	561	Sec. 1253.151. DETERMINATION OF ACQUISITION OF
562	562	JURISDICTION IN THIS STATE DUE TO UNJUSTIFIABLE CONDUCT. If at any
563	563	time a court of this state determines that it acquired jurisdiction
564	564	of a proceeding for the appointment of a guardian of the person or
565	565	estate, or both, of a minor ward or proposed minor ward because of
566	566	unjustifiable conduct, the court may:
567	567	(1) decline to exercise jurisdiction;
568	568	(2) exercise jurisdiction for the limited purpose of
569	569	fashioning an appropriate remedy to ensure the health, safety, and
570	570	welfare of the minor ward or proposed minor ward or the protection
571	571	of the minor ward's or proposed minor ward's property or prevent a
572	572	repetition of the unjustifiable conduct, including staying the
573	573	proceeding until a petition for the appointment of a guardian or
574	574	issuance of a protective order is filed in a court of another state
575	575	having jurisdiction; or
576	576	(3) continue to exercise jurisdiction after
577	577	considering:
578	578	(A) the extent to which the minor ward or
579	579	proposed minor ward and all persons required to be notified of the
580	580	proceedings have acquiesced in the exercise of the court's
581	581	jurisdiction;
582	582	(B) whether the court of this state is a more
583	583	appropriate forum than the court of any other state after
584	584	considering the factors described by Section 1253.102(b); and
585	585	(C) whether the court of any other state would
586	586	have jurisdiction under the factual circumstances of the matter.
587	587	SECTION 10. Section 1253.152(a), Estates Code, is amended
588	588	to read as follows:
589	589	(a) If a court of this state determines that it acquired
590	590	jurisdiction of a proceeding for the appointment of a guardian of
591	591	the person or estate, or both, of a minor ward or proposed minor
592	592	ward because a party seeking to invoke the court's jurisdiction
593	593	engaged in unjustifiable conduct, the court may assess against that
594	594	party necessary and reasonable expenses, including attorney's
595	595	fees, investigative fees, court costs, communication expenses,
596	596	witness fees and expenses, and travel expenses.
597	597	SECTION 11. (a) Chapter 1254, Estates Code, as added by
598	598	this Act, applies to proceedings for guardianship instituted on or
599	599	after the effective date of this Act.
600	600	(b) Subchapters A, C, D, and E, Chapter 1254, Estates Code,
601	601	as added by this Act, apply to proceedings for guardianship
602	602	instituted before the effective date of this Act, regardless of
603	603	whether a guardianship of the person or estate, or both, for an
604	604	adult ward has been created by a court.
605	605	SECTION 12. The changes in law made by this Act to Sections
606	606	1253.001, 1253.002, 1253.003, 1253.051, 1253.052, 1253.053,
607	607	1253.056, 1253.101, 1253.102, 1253.103, 1253.151, and 1253.152,
608	608	Estates Code, apply only to a guardianship proceeding filed on or
609	609	after the effective date of this Act. A guardianship proceeding
610	610	filed before the effective date of this Act is governed by the law
611	611	in effect on the date the proceeding was filed, and the former law
612	612	is continued in effect for that purpose.
613	613	SECTION 13. This Act takes effect September 1, 2015.