By: Hughes H.B. No. 3930
A BILL TO BE ENTITLED
AN ACT
relating to the provision of care and treatment to certain
incapacitated persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1151.052, Estates Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The guardian of an adult ward who has decision-making
ability may apply on the ward's behalf for residential care and
services provided by a public or private facility if the ward agrees
to be placed in the facility. The guardian shall report the
condition of the ward to the court at regular intervals at least
annually, unless the court orders more frequent reports. The
guardian shall include in a report of an adult ward who is receiving
residential care in a public or private residential care facility a
statement:
(1) as to the necessity for continued care in the
facility; and
(2) on the guardian's compliance with the requirements
of Subsection (c).
(c) Before the guardian places an adult ward in a public or
private facility as provided by Subsection (b), the guardian must
visit the facility. After the ward is placed in the facility, the
guardian must:
(1) visit the ward at the facility at least once a
month, or more often if necessary; and
(2) return telephone calls and respond to electronic
mail, mail, and other communications regarding the ward from a
physician, social worker, attorney, family member, or other care
provider or advocate within a reasonable amount of time.
SECTION 2. Section 1151.053(c), Estates Code, is amended to
read as follows:
(c) A guardian of a person may voluntarily admit an
incapacitated person to a residential care facility for emergency
care or respite care under Section 593.027 or 593.028, Health and
Safety Code. A guardian who admits a ward under this subsection
shall visit the ward in the facility within a reasonable amount of
time of the admission.
SECTION 3. Section 1151.054, Estates Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The guardian of the person of a ward who is not a minor
and who is under a protective custody order as provided by
Subchapter B, Chapter 574, Health and Safety Code, may consent to
the administration of psychoactive medication as prescribed by the
ward's treating physician after meeting with the ward and the ward's
treating physician, regardless of the ward's expressed preferences
regarding treatment with psychoactive medication.
(c) If a ward has a medication-related emergency, as defined
by Section 574.101(2), Health and Safety Code, the physician who
administers psychoactive medication in response to that emergency
or the physician's designee shall notify the ward's guardian of the
decision to administer the psychoactive medication not later than
the second business day after the administration.
SECTION 4. The changes in law made by this Act apply to a
guardianship created before, on, or after the effective date of
this Act.
SECTION 5. 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.