Texas 2015 - 84th Regular

Texas House Bill HB3137 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R8449 KFF-D
2	2	By: Naishtat H.B. No. 3137
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of unsworn declarations for filing certain
8	8	annual reports by guardians of the person.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1163.101(c), Estates Code, is amended to
11	11	read as follows:
12	12	(c) The guardian of the person shall file a sworn affidavit
13	13	that contains:
14	14	(1) the guardian's current name, address, and
15	15	telephone number;
16	16	(2) the ward's date of birth and current name, address,
17	17	telephone number, and age;
18	18	(3) a description of the type of home in which the ward
19	19	resides, which shall be described as:
20	20	(A) the ward's own home;
21	21	(B) a nursing home;
22	22	(C) a guardian's home;
23	23	(D) a foster home;
24	24	(E) a boarding home;
25	25	(F) a relative's home, in which case the
26	26	description must specify the relative's relationship to the ward;
27	27	(G) a hospital or medical facility; or
28	28	(H) another type of residence;
29	29	(4) statements indicating:
30	30	(A) the length of time the ward has resided in the
31	31	present home;
32	32	(B) the reason for a change in the ward's
33	33	residence, if a change in the ward's residence has occurred in the
34	34	past year;
35	35	(C) the date the guardian most recently saw the
36	36	ward;
37	37	(D) how frequently the guardian has seen the ward
38	38	in the past year;
39	39	(E) whether the guardian has possession or
40	40	control of the ward's estate;
41	41	(F) whether the ward's mental health has
42	42	improved, deteriorated, or remained unchanged during the past year,
43	43	including a description of the change if a change has occurred;
44	44	(G) whether the ward's physical health has
45	45	improved, deteriorated, or remained unchanged during the past year,
46	46	including a description of the change if a change has occurred;
47	47	(H) whether the ward has regular medical care;
48	48	and
49	49	(I) the ward's treatment or evaluation by any of
50	50	the following persons during the past year, including the person's
51	51	name and a description of the treatment:
52	52	(i) a physician;
53	53	(ii) a psychiatrist, psychologist, or other
54	54	mental health care provider;
55	55	(iii) a dentist;
56	56	(iv) a social or other caseworker; or
57	57	(v) any other individual who provided
58	58	treatment;
59	59	(5) a description of the ward's activities during the
60	60	past year, including recreational, educational, social, and
61	61	occupational activities, or a statement that no activities were
62	62	available or that the ward was unable or refused to participate in
63	63	activities;
64	64	(6) the guardian's evaluation of:
65	65	(A) the ward's living arrangements as excellent,
66	66	average, or below average, including an explanation if the
67	67	conditions are below average;
68	68	(B) whether the ward is content or unhappy with
69	69	the ward's living arrangements; and
70	70	(C) unmet needs of the ward;
71	71	(7) a statement indicating whether the guardian's
72	72	power should be increased, decreased, or unaltered, including an
73	73	explanation if a change is recommended;
74	74	(8) a statement indicating that the guardian has paid
75	75	the bond premium for the next reporting period;
76	76	(9) if the guardian is a private professional
77	77	guardian, a guardianship program, or the Department of Aging and
78	78	Disability Services, whether the guardian or an individual
79	79	certified under Subchapter C, Chapter 155 [111], Government Code,
80	80	who is providing guardianship services to the ward and who is filing
81	81	[swearing to] the affidavit on the guardian's behalf, is or has been
82	82	the subject of an investigation conducted by the Guardianship
83	83	Certification Board during the preceding year; and
84	84	(10) any additional information the guardian desires
85	85	to share with the court regarding the ward, including:
86	86	(A) whether the guardian has filed for emergency
87	87	detention of the ward under Subchapter A, Chapter 573, Health and
88	88	Safety Code; and
89	89	(B) if applicable, the number of times the
90	90	guardian has filed for emergency detention and the dates of the
91	91	applications for emergency detention.
92	92	SECTION 2. The heading to Section 1163.1011, Estates Code,
93	93	is amended to read as follows:
94	94	Sec. 1163.1011. USE OF UNSWORN DECLARATION IN LIEU OF SWORN
95	95	DECLARATION OR AFFIDAVIT FOR [ELECTRONIC] FILING [OF] ANNUAL
96	96	REPORT.
97	97	SECTION 3. Section 1163.1011(a), Estates Code, is amended
98	98	to read as follows:
99	99	(a) A guardian of the person who is required to file an
100	100	[files the] annual report under [required by] Section 1163.101
101	101	[electronically] with the court, including a guardian filing the
102	102	annual report electronically, may use an unsworn declaration made
103	103	as provided by this section instead of the [a written] sworn
104	104	declaration or affidavit required by Section 1163.101.
105	105	SECTION 4. The change in law made by this Act applies to a
106	106	guardianship created before, on, or after the effective date of
107	107	this Act.
108	108	SECTION 5. This Act takes effect immediately if it receives
109	109	a vote of two-thirds of all the members elected to each house, as
110	110	provided by Section 39, Article III, Texas Constitution. If this
111	111	Act does not receive the vote necessary for immediate effect, this
112	112	Act takes effect September 1, 2015.