Texas 2015 - 84th Regular

Texas House Bill HB3930 Compare Versions

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

Old	New	Differences
1	1	By: Hughes H.B. No. 3930
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the provision of care and treatment to certain
7	7	incapacitated persons.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1151.052, Estates Code, is amended by
10	10	amending Subsection (b) and adding Subsection (c) to read as
11	11	follows:
12	12	(b) The guardian of an adult ward who has decision-making
13	13	ability may apply on the ward's behalf for residential care and
14	14	services provided by a public or private facility if the ward agrees
15	15	to be placed in the facility. The guardian shall report the
16	16	condition of the ward to the court at regular intervals at least
17	17	annually, unless the court orders more frequent reports. The
18	18	guardian shall include in a report of an adult ward who is receiving
19	19	residential care in a public or private residential care facility a
20	20	statement:
21	21	(1) as to the necessity for continued care in the
22	22	facility; and
23	23	(2) on the guardian's compliance with the requirements
24	24	of Subsection (c).
25	25	(c) Before the guardian places an adult ward in a public or
26	26	private facility as provided by Subsection (b), the guardian must
27	27	visit the facility. After the ward is placed in the facility, the
28	28	guardian must:
29	29	(1) visit the ward at the facility at least once a
30	30	month, or more often if necessary; and
31	31	(2) return telephone calls and respond to electronic
32	32	mail, mail, and other communications regarding the ward from a
33	33	physician, social worker, attorney, family member, or other care
34	34	provider or advocate within a reasonable amount of time.
35	35	SECTION 2. Section 1151.053(c), Estates Code, is amended to
36	36	read as follows:
37	37	(c) A guardian of a person may voluntarily admit an
38	38	incapacitated person to a residential care facility for emergency
39	39	care or respite care under Section 593.027 or 593.028, Health and
40	40	Safety Code. A guardian who admits a ward under this subsection
41	41	shall visit the ward in the facility within a reasonable amount of
42	42	time of the admission.
43	43	SECTION 3. Section 1151.054, Estates Code, is amended by
44	44	amending Subsection (b) and adding Subsection (c) to read as
45	45	follows:
46	46	(b) The guardian of the person of a ward who is not a minor
47	47	and who is under a protective custody order as provided by
48	48	Subchapter B, Chapter 574, Health and Safety Code, may consent to
49	49	the administration of psychoactive medication as prescribed by the
50	50	ward's treating physician after meeting with the ward and the ward's
51	51	treating physician, regardless of the ward's expressed preferences
52	52	regarding treatment with psychoactive medication.
53	53	(c) If a ward has a medication-related emergency, as defined
54	54	by Section 574.101(2), Health and Safety Code, the physician who
55	55	administers psychoactive medication in response to that emergency
56	56	or the physician's designee shall notify the ward's guardian of the
57	57	decision to administer the psychoactive medication not later than
58	58	the second business day after the administration.
59	59	SECTION 4. The changes in law made by this Act apply to a
60	60	guardianship created before, on, or after the effective date of
61	61	this Act.
62	62	SECTION 5. This Act takes effect immediately if it receives
63	63	a vote of two-thirds of all the members elected to each house, as
64	64	provided by Section 39, Article III, Texas Constitution. If this
65	65	Act does not receive the vote necessary for immediate effect, this
66	66	Act takes effect September 1, 2015.