Texas 2019 - 86th Regular

Texas House Bill HB4562 Compare Versions

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

Old	New	Differences
1	1	86R538 KFF-F
2	2	By: Metcalf H.B. No. 4562
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to parental administrations for certain incapacitated
8	8	adults; authorizing a fee; creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. PARENTAL ADMINISTRATION
11	11	SECTION 1.01. Section 1002.0015, Estates Code, is amended
12	12	to read as follows:
13	13	Sec. 1002.0015. ALTERNATIVES TO GUARDIANSHIP.
14	14	"Alternatives to guardianship" includes the:
15	15	(1) execution of a medical power of attorney under
16	16	Chapter 166, Health and Safety Code;
17	17	(2) appointment of an attorney in fact or agent under a
18	18	durable power of attorney as provided by Subtitle P, Title 2;
19	19	(3) execution of a declaration for mental health
20	20	treatment under Chapter 137, Civil Practice and Remedies Code;
21	21	(4) appointment of a representative payee to manage
22	22	public benefits;
23	23	(5) establishment of a joint bank account;
24	24	(6) creation of a management trust under Chapter 1301;
25	25	(7) creation of a special needs trust;
26	26	(8) designation of a guardian before the need arises
27	27	under Subchapter E, Chapter 1104; [and]
28	28	(9) establishment of alternate forms of
29	29	decision-making based on person-centered planning; and
30	30	(10) appointment of a parental administrator under
31	31	Chapter 1359.
32	32	SECTION 1.02. Section 1002.002, Estates Code, is amended to
33	33	read as follows:
34	34	Sec. 1002.002. ATTORNEY AD LITEM. "Attorney ad litem"
35	35	means an attorney appointed by a court to represent and advocate on
36	36	behalf of:
37	37	(1) a proposed ward, an incapacitated person, an
38	38	unborn person, or another person described by Section 1054.007 in a
39	39	guardianship proceeding; or
40	40	(2) a proposed incapacitated adult, as defined by
41	41	Section 1359.0001, in a proceeding for a parental administration
42	42	under Chapter 1359.
43	43	SECTION 1.03. Subchapter A, Chapter 1202, Estates Code, is
44	44	amended by adding Section 1202.004 to read as follows:
45	45	Sec. 1202.004. TERMINATION OF GUARDIANSHIP OF THE PERSON ON
46	46	CREATION OF PARENTAL ADMINISTRATION. (a) On the application of a
47	47	parent, as defined by Section 1359.0001, a court with jurisdiction
48	48	over a guardianship of the person may:
49	49	(1) terminate the guardianship if the court finds that
50	50	it is in the best interests of the ward to be treated as a proposed
51	51	incapacitated adult under Chapter 1359; and
52	52	(2) appoint a parental administrator of the
53	53	incapacitated adult under that chapter.
54	54	(b) The ward's legal and civil rights and powers are
55	55	restored on termination of the guardianship and creation of a
56	56	parental administration under this section.
57	57	SECTION 1.04. Section 1002.013, Estates Code, is amended to
58	58	read as follows:
59	59	Sec. 1002.013. GUARDIAN AD LITEM. "Guardian ad litem"
60	60	means a person appointed by a court to represent the best interests
61	61	of an incapacitated person in a guardianship or parental
62	62	administration proceeding.
63	63	SECTION 1.05. Section 1002.017, Estates Code, is amended to
64	64	read as follows:
65	65	Sec. 1002.017. INCAPACITATED PERSON. "Incapacitated
66	66	person" means:
67	67	(1) a minor;
68	68	(2) an adult who, because of a physical or mental
69	69	condition, is substantially unable to:
70	70	(A) provide food, clothing, or shelter for
71	71	himself or herself;
72	72	(B) care for the person's own physical health; or
73	73	(C) manage the person's own financial affairs; or
74	74	(3) a person who must have a guardian or parental
75	75	administrator, as defined by Section 1359.0001, appointed for the
76	76	person to receive funds due the person from a governmental source.
77	77	SECTION 1.06. Subtitle I, Title 3, Estates Code, is amended
78	78	by adding Chapter 1359 to read as follows:
79	79	CHAPTER 1359. PARENTAL ADMINISTRATION
80	80	SUBCHAPTER A. GENERAL PROVISIONS
81	81	Sec. 1359.0001. DEFINITIONS. (a) In this chapter:
82	82	(1) "Incapacitated adult" means a person who is 18
83	83	years of age or older and who is an incapacitated person as that
84	84	term is defined by Section 1002.017.
85	85	(2) "Parent" has the meaning assigned by Section
86	86	1002.022, except that the term includes a person who was appointed
87	87	the conservator of a child under Chapter 153, Family Code.
88	88	(3) "Parental administrator" means a person appointed
89	89	as a parental administrator under Section 1359.0108.
90	90	(4) "Proposed incapacitated adult" means a person
91	91	alleged in a parental administration proceeding under this chapter
92	92	to be an incapacitated adult.
93	93	(b) To the extent a definition of a term provided by this
94	94	chapter conflicts with the definition of that term provided by
95	95	Chapter 1002, the definition provided by this chapter prevails in
96	96	this chapter.
97	97	Sec. 1359.0002. JURISDICTION AND VENUE. (a) Except as
98	98	otherwise provided by this section, a proceeding for the
99	99	appointment of a parental administrator must be brought in the
100	100	county in which the proposed incapacitated adult resides or is
101	101	located on the date the application is filed.
102	102	(b) Subject to Subsection (d) or (e), if two or more courts
103	103	have concurrent venue of a parental administration proceeding or if
104	104	at least one court has venue of a guardianship proceeding and
105	105	another court has venue of a parental administration proceeding
106	106	respecting the same incapacitated adult or proposed incapacitated
107	107	adult, the court in which an application for parental
108	108	administration or guardianship, as applicable, is initially filed,
109	109	has and retains venue over the proceeding.
110	110	(c) If a parental administration proceeding is commenced in
111	111	more than one county or if a parental administration proceeding is
112	112	commenced in one county and a guardianship proceeding is commenced
113	113	in another county respecting the same incapacitated adult or
114	114	proposed incapacitated adult, the proceeding shall be stayed except
115	115	in the county in which a proceeding was initially commenced until
116	116	final determination of proper venue is made by the court in the
117	117	county in which a proceeding was initially commenced. A proceeding
118	118	is considered commenced by the filing of an application alleging
119	119	facts sufficient to confer venue.
120	120	(d) If a guardianship exists for a proposed incapacitated
121	121	adult, the court in the county in which the guardianship is pending
122	122	has jurisdiction and venue of the parental administration
123	123	application to the exclusion of any other court.
124	124	(e) Notwithstanding Sections 1023.001 and 1023.002, if a
125	125	parental administration proceeding exists for a proposed ward, the
126	126	court in the county in which the parental administration is pending
127	127	has venue and jurisdiction of the guardianship proceeding to the
128	128	exclusion of any other court.
129	129	Sec. 1359.0003. TRANSFER OF PARENTAL ADMINISTRATION TO
130	130	ANOTHER COUNTY. (a) When a parental administrator or any other
131	131	person desires to transfer the parental administration from one
132	132	county to another, the person shall file a written application in
133	133	the court in which the parental administration is pending stating
134	134	the reason for the transfer.
135	135	(b) With notice as provided by Section 1359.0004, the court
136	136	in which a parental administration is pending, on the court's own
137	137	motion, may transfer the parental administration to another county
138	138	if the incapacitated adult resides in the county to which the
139	139	parental administration is to be transferred.
140	140	Sec. 1359.0004. NOTICE. If an application is filed by a
141	141	person other than the parental administrator or if a court made a
142	142	motion to transfer a parental administration, the parental
143	143	administrator shall be cited by personal service to appear and show
144	144	cause why the parental administration should not be transferred.
145	145	Sec. 1359.0005. COURT ACTION. On hearing of an application
146	146	or motion under this subchapter, if good cause is not shown to deny
147	147	the transfer and it appears that transfer of the parental
148	148	administration is in the best interests of the incapacitated adult,
149	149	the court shall enter an order authorizing the transfer on payment
150	150	of all accrued costs of court.
151	151	Sec. 1359.0006. PRO SE REPRESENTATION. Notwithstanding any
152	152	other law, the applicant who files a parental administration
153	153	application may appear pro se before the court in all parental
154	154	administration proceedings.
155	155	SUBCHAPTER B. FILING AND RECORDKEEPING
156	156	Sec. 1359.0051. RECORDKEEPING REQUIREMENTS. (a) The
157	157	county clerk shall maintain a record book titled "Judge's Parental
158	158	Administration Docket" and shall record in the book:
159	159	(1) the name of each person with respect to whom a
160	160	proceeding is commenced or sought to be commenced;
161	161	(2) the name of the parental administrator or of each
162	162	applicant for parental administration;
163	163	(3) the date each original application for a parental
164	164	administration proceeding is filed;
165	165	(4) a notation of each order, judgment, decree, and
166	166	proceeding that occurs in each parental administration, including
167	167	the date it occurs; and
168	168	(5) the docket number of each parental administration
169	169	as assigned under Subsection (b).
170	170	(b) The county clerk shall assign a docket number to each
171	171	parental administration in the order a proceeding is commenced.
172	172	(c) The county clerk shall maintain a record book titled
173	173	"Parental Administration Fee Book" and shall record in the book
174	174	each item of cost that accrues to the officers of the court and any
175	175	witness fees. Each record entry must include:
176	176	(1) the party to whom the cost or fee is due;
177	177	(2) the date the cost or fee accrued;
178	178	(3) the party liable for the cost or fee; and
179	179	(4) the date the cost or fee is paid.
180	180	Sec. 1359.0052. ALTERNATE RECORDKEEPING. Instead of
181	181	maintaining the record books described by Section 1359.0051, the
182	182	county clerk may maintain the information described by that section
183	183	relating to a person's parental administration proceeding:
184	184	(1) on a computer file;
185	185	(2) on microfilm;
186	186	(3) in the form of a digitized optical image; or
187	187	(4) in another similar form of data compilation.
188	188	Sec. 1359.0053. FILING PROCEDURES. (a) An application for
189	189	a parental administration proceeding or a complaint, petition, or
190	190	other paper permitted or required by law to be filed with a court in
191	191	a parental administration proceeding must be filed with the county
192	192	clerk of the appropriate county.
193	193	(b) Each paper filed in a parental administration
194	194	proceeding must be given the docket number assigned to the parental
195	195	administration.
196	196	(c) On receipt of a paper described by Subsection (a), the
197	197	county clerk shall:
198	198	(1) file the paper; and
199	199	(2) endorse on the paper:
200	200	(A) the date the paper is filed;
201	201	(B) the docket number; and
202	202	(C) the clerk's official signature.
203	203	Sec. 1359.0054. CASE FILES. (a) The county clerk shall
204	204	maintain a case file for each person's filed parental
205	205	administration proceeding.
206	206	(b) Each case file must contain each order, judgment,
207	207	decree, and proceeding of the court and any other parental
208	208	administration filing with the court, including each:
209	209	(1) application for the granting of parental
210	210	administration;
211	211	(2) citation and notice, whether published or posted,
212	212	including the return on the citation or notice;
213	213	(3) exhibit; and
214	214	(4) report.
215	215	Sec. 1359.0055. INDEX. (a) The county clerk shall properly
216	216	index the records required under this chapter.
217	217	(b) The county clerk shall keep the index open for public
218	218	inspection but may not release the index from the clerk's custody.
219	219	SUBCHAPTER C. APPOINTMENT OF PARENTAL ADMINISTRATOR
220	220	Sec. 1359.0101. PARENTAL ADMINISTRATOR. One or both
221	221	parents of a proposed incapacitated adult may in accordance with
222	222	this chapter seek appointment as a parental administrator of that
223	223	adult with the rights and duties granted under this chapter.
224	224	Sec. 1359.0102. APPLICATION. (a) One or both parents of a
225	225	proposed incapacitated adult may commence a proceeding for the
226	226	appointment of a parental administrator by filing a written
227	227	application in a court having jurisdiction and venue.
228	228	(b) Subject to Section 1359.0103, the application must be
229	229	sworn to by the applicant and must state:
230	230	(1) the proposed incapacitated adult's name, sex, date
231	231	of birth, and address;
232	232	(2) the name, relationship, and address of the
233	233	applicant seeking to be appointed as parental administrator;
234	234	(3) a description of the nature of the proposed
235	235	incapacitated adult's alleged incapacity;
236	236	(4) whether the proposed incapacitated adult is
237	237	totally or partially without capacity to care for himself or
238	238	herself;
239	239	(5) the facts requiring the appointment of a parental
240	240	administrator;
241	241	(6) the nature and description of any existing
242	242	guardianship of the proposed incapacitated adult;
243	243	(7) whether the proposed incapacitated adult was the
244	244	subject of a guardianship proceeding and, if so, the name of the
245	245	guardian;
246	246	(8) the name of the proposed incapacitated adult's
247	247	spouse, if any, and the spouse's address or a statement that the
248	248	spouse is deceased;
249	249	(9) the names of the proposed incapacitated adult's
250	250	other parent if that parent is not an applicant and that parent's
251	251	address or a statement that the parent is deceased;
252	252	(10) the name and age of each of the proposed
253	253	incapacitated adult's siblings, if any, and, for each sibling, the
254	254	sibling's address or a statement that the sibling is deceased; and
255	255	(11) a statement of facts showing that the proposed
256	256	incapacitated adult is a resident of the county in which the
257	257	proceeding is brought.
258	258	Sec. 1359.0103. CONFIDENTIALITY OF CERTAIN ADDRESSES. An
259	259	application filed under Section 1359.0102 or 1359.0552 may omit the
260	260	address of a person named in the application if:
261	261	(1) the application states that the person is
262	262	protected by a protective order issued under Chapter 85, Family
263	263	Code;
264	264	(2) a copy of the protective order is attached to the
265	265	application as an exhibit;
266	266	(3) the application states the county in which the
267	267	person resides;
268	268	(4) the application indicates the place where notice
269	269	to or the issuance and service of citation on the person may be made
270	270	or sent; and
271	271	(5) the application is accompanied by a request for an
272	272	order under Section 1051.201 specifying the manner of issuance,
273	273	service, and return of citation or notice on the person.
274	274	Sec. 1359.0104. SERVICE AND NOTICE. (a) The citation and
275	275	the application filed under this chapter shall be personally served
276	276	on the proposed incapacitated adult by a sheriff, a constable, or a
277	277	process server certified under Chapter 156, Government Code.
278	278	(b) Notice shall be given by certified mail, return receipt
279	279	requested, to:
280	280	(1) a guardian of the proposed incapacitated adult, if
281	281	applicable, unless the guardian is the applicant; and
282	282	(2) each other person named under Section
283	283	1359.0102(b)(8), (9), or (10).
284	284	(c) The applicant shall file with the court:
285	285	(1) a copy of any notice required by Subsection (b) and
286	286	the proof of delivery of the notice; and
287	287	(2) for each notice, an affidavit sworn to by the
288	288	applicant or the applicant's attorney stating:
289	289	(A) that the notice was mailed as required by
290	290	Subsection (b); and
291	291	(B) the name of the person to whom the notice was
292	292	mailed, if the person's name is not shown on the proof of delivery.
293	293	(d) A person who is entitled to receive notice under
294	294	Subsection (b) may, by writing filed with the clerk, waive the
295	295	receipt of notice either in person or through an attorney ad litem.
296	296	Sec. 1359.0105. CHANGE OR RESIGNATION OF RESIDENT AGENT. A
297	297	resident agent for a parental administrator may be declared or
298	298	changed or may resign in the same manner as a resident agent for a
299	299	guardian under Chapter 1057.
300	300	Sec. 1359.0106. SUBMISSION OF CRIMINAL HISTORY RECORD
301	301	INFORMATION BY PROPOSED PARENTAL ADMINISTRATOR. (a) Not later than
302	302	the 10th day before the date of the hearing to appoint a parental
303	303	administrator, the applicant shall submit to the clerk a copy of the
304	304	person's criminal history record information that the person
305	305	obtains not earlier than the 30th day before the date of the hearing
306	306	from:
307	307	(1) the Department of Public Safety; or
308	308	(2) the Federal Bureau of Investigation.
309	309	(b) Criminal history record information obtained or
310	310	provided under this section is privileged and confidential and is
311	311	for the exclusive use of the court. The criminal history record
312	312	information may not be released or otherwise disclosed to any
313	313	person or agency except on court order or consent of the person
314	314	being investigated.
315	315	(c) The court shall use the information obtained under this
316	316	section only in determining whether to appoint the applicant to
317	317	serve as a parental administrator.
318	318	(d) The county clerk may destroy the criminal history record
319	319	information after the information is used for the purposes
320	320	authorized by this section.
321	321	Sec. 1359.0107. GROUNDS FOR DISQUALIFICATION. A person may
322	322	not be appointed or act as a parental administrator if the person:
323	323	(1) is a minor or other incapacitated person;
324	324	(2) is incapable of properly and prudently managing
325	325	and controlling the proposed incapacitated adult because of
326	326	inexperience, lack of education, or other good reason;
327	327	(3) is found by the court to be unsuitable;
328	328	(4) has engaged in conduct that is notoriously bad,
329	329	including having been finally convicted of:
330	330	(A) any sexual offense, including sexual
331	331	assault, aggravated sexual assault, and prohibited sexual conduct;
332	332	(B) aggravated assault;
333	333	(C) injury to a child, elderly individual, or
334	334	individual with a disability;
335	335	(D) abandoning or endangering a child;
336	336	(E) terroristic threat; or
337	337	(F) continuous violence against the family of the
338	338	proposed incapacitated adult;
339	339	(5) is a party or the child of a parent who is a party
340	340	to a suit concerning or affecting the welfare of the proposed
341	341	incapacitated adult, unless the court:
342	342	(A) determines that the claim of the person who
343	343	has applied to be appointed parental administrator is not in
344	344	conflict with the claim of the proposed incapacitated adult; or
345	345	(B) appoints a guardian ad litem to represent the
346	346	interests of the proposed incapacitated adult while the suit is
347	347	pending;
348	348	(6) is indebted to the proposed incapacitated adult,
349	349	unless the person pays the debt before appointment;
350	350	(7) asserts a claim adverse to the proposed
351	351	incapacitated adult or the proposed incapacitated adult's
352	352	property;
353	353	(8) is disqualified in a written and signed
354	354	declaration made by the proposed incapacitated adult at a time
355	355	during which the proposed incapacitated adult had capacity; or
356	356	(9) is a nonresident who has failed to file with the
357	357	court the name of a resident agent to accept service of process in
358	358	all actions or proceedings relating to the parental administration.
359	359	Sec. 1359.0108. ORDER APPOINTING PARENTAL ADMINISTRATOR.
360	360	(a) If it is found that the proposed incapacitated adult lacks the
361	361	capacity to do some, but not all, of the tasks necessary to care for
362	362	himself or herself or to manage his or her property with or without
363	363	supports and services, the court may appoint one or more parental
364	364	administrators. The court may, subject to Section 1359.0401,
365	365	assign the parental administrator only those powers and duties
366	366	necessary to promote and protect the well-being of the
367	367	incapacitated adult.
368	368	(b) The order appointing a parental administrator must:
369	369	(1) specify the specific powers, limitations, and
370	370	duties of the parental administrator, which may include:
371	371	(A) the right to have physical possession of the
372	372	incapacitated adult and to establish the incapacitated adult's
373	373	legal domicile;
374	374	(B) the duty to provide care, supervision, and
375	375	protection for the incapacitated adult;
376	376	(C) the duty to provide the incapacitated adult
377	377	with clothing, food, medical care, and shelter;
378	378	(D) the power to consent to medical, psychiatric,
379	379	and surgical treatment of the incapacitated adult;
380	380	(E) the power to establish a trust in accordance
381	381	with 42 U.S.C. Section 1396p(d)(4)(B) and direct that the income of
382	382	the incapacitated adult as defined by that section be paid directly
383	383	to the trust, solely for the purpose of the incapacitated adult's
384	384	eligibility for medical assistance under Chapter 32, Human
385	385	Resources Code;
386	386	(F) the power to sign documents necessary or
387	387	appropriate to facilitate employment of the incapacitated adult;
388	388	(G) the power to receive funds for the
389	389	incapacitated adult from a government source;
390	390	(H) the power to obtain insurance and communicate
391	391	with insurance issuers on behalf of the incapacitated adult;
392	392	(I) the power to file suit on behalf of the
393	393	incapacitated adult; and
394	394	(J) other powers as determined necessary by the
395	395	court;
396	396	(2) specify that the specific powers, limitations, and
397	397	duties of the parental administrator are subordinate to the rights
398	398	and powers of the incapacitated adult;
399	399	(3) state the name of each parent appointed;
400	400	(4) state the name of the incapacitated adult; and
401	401	(5) if in response to an application filed under
402	402	Section 1202.004, terminate the existing guardianship of the
403	403	incapacitated adult.
404	404	(c) If the order appointing a parental administrator under
405	405	this section includes the right of the parental administrator to
406	406	have physical possession of the incapacitated adult or to establish
407	407	the incapacitated adult's legal domicile, the order must also
408	408	contain the following prominently displayed statement in boldfaced
409	409	type, in capital letters, or underlined:
410	410	"NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE
411	411	REASONABLE EFFORTS TO ENFORCE THE RIGHT OF A PARENTAL ADMINISTRATOR
412	412	OF AN INCAPACITATED ADULT TO HAVE PHYSICAL POSSESSION OF THE
413	413	INCAPACITATED ADULT OR TO ESTABLISH THE INCAPACITATED ADULT'S LEGAL
414	414	DOMICILE AS SPECIFIED IN THIS ORDER UNLESS OBJECTED TO BY THE
415	415	INCAPACITATED ADULT. A PEACE OFFICER WHO RELIES ON THE TERMS OF A
416	416	COURT ORDER AND THE OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE
417	417	IMMUNITY AGAINST ANY CIVIL OR OTHER CLAIM REGARDING THE OFFICER'S
418	418	GOOD FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN
419	419	ENFORCING THE TERMS OF THIS ORDER THAT RELATE TO THE
420	420	ABOVE-MENTIONED RIGHTS OF THE COURT-APPOINTED PARENTAL
421	421	ADMINISTRATOR OF THE INCAPACITATED ADULT. ANY PERSON WHO KNOWINGLY
422	422	PRESENTS FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN
423	423	EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN
424	424	JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000."
425	425	(d) The order appointing the parental administrator may
426	426	not:
427	427	(1) remove the rights of the incapacitated adult; or
428	428	(2) grant a power related to an incapacitated adult's
429	429	right to manage his or her property or financial affairs beyond the
430	430	powers specifically authorized under Subsection (b).
431	431	Sec. 1359.0109. POWERS AND DUTIES OF PARENTAL ADMINISTRATOR
432	432	APPOINTED AS NECESSARY FOR INCAPACITATED ADULT TO RECEIVE
433	433	GOVERNMENT FUNDS. (a) A parental administrator appointed to
434	434	receive funds from a governmental source may:
435	435	(1) administer only:
436	436	(A) the funds received from the governmental
437	437	source;
438	438	(B) all earnings, interest, or profits derived
439	439	from the funds; and
440	440	(C) all property acquired with the funds; and
441	441	(2) receive the funds and pay the expenses for the
442	442	support, maintenance, or education of the incapacitated adult or
443	443	the incapacitated adult's dependents.
444	444	(b) Expenditures under Subsection (a)(2) for the support,
445	445	maintenance, or education of the incapacitated adult or the
446	446	incapacitated adult's dependents may not exceed $12,000 during any
447	447	12-month period without the court's approval.
448	448	Sec. 1359.0110. AUTHORITY AND TREATMENT OF CERTAIN PARENTAL
449	449	ADMINISTRATORS AS GUARDIAN UNDER LAW. If the order appointing a
450	450	parental administrator under Section 1359.0108 includes the right
451	451	of the parental administrator to have physical possession of the
452	452	incapacitated adult or to establish the incapacitated adult's legal
453	453	domicile, to the extent not in conflict with this chapter,
454	454	including Section 1359.0401, a parental administrator has the same
455	455	authority and is entitled to the same treatment respecting the
456	456	incapacitated adult as a guardian of the person respecting a ward
457	457	under law.
458	458	Sec. 1359.0111. DISMISSAL OF APPLICATION. If it is found
459	459	that a proposed incapacitated adult possesses the capacity to care
460	460	for himself or herself and manage his or her property as would a
461	461	reasonably prudent person, the court shall dismiss an application
462	462	for parental administration.
463	463	SUBCHAPTER D. ATTORNEYS AD LITEM AND INTERPRETERS
464	464	Sec. 1359.0151. APPOINTMENT OF ATTORNEY AD LITEM IN
465	465	PROCEEDING FOR APPOINTMENT OF PARENTAL ADMINISTRATOR. (a) In a
466	466	proceeding for the appointment of a parental administrator, the
467	467	court shall appoint an attorney ad litem to represent the proposed
468	468	incapacitated adult's interests.
469	469	(b) The attorney ad litem must have the certification
470	470	required by Section 1054.201.
471	471	(c) Unless the court determines that the continued
472	472	appointment of an attorney ad litem appointed under this subchapter
473	473	is in the proposed incapacitated adult's best interests, the
474	474	attorney's term of appointment expires, without a court order, on
475	475	the date the court appoints a parental administrator or denies the
476	476	application for appointment of a parental administrator.
477	477	Sec. 1359.0152. ACCESS TO RECORDS. An attorney ad litem
478	478	appointed under this subchapter:
479	479	(1) shall be provided copies of all of the current
480	480	records in the parental administration case; and
481	481	(2) may have access to all of the proposed
482	482	incapacitated adult's relevant medical, psychological, and
483	483	intellectual testing records.
484	484	Sec. 1359.0153. DUTIES. (a) An attorney ad litem appointed
485	485	under this subchapter shall interview the proposed incapacitated
486	486	adult within a reasonable time before the hearing in the proceeding
487	487	for the appointment of a parental administrator. To the greatest
488	488	extent possible, the attorney shall discuss with the proposed
489	489	incapacitated adult:
490	490	(1) the law and facts of the case;
491	491	(2) the proposed incapacitated adult's legal options
492	492	regarding disposition of the case;
493	493	(3) the grounds on which parental administration is
494	494	sought; and
495	495	(4) whether other less restrictive alternatives to
496	496	guardianship, other than parental administration, would meet the
497	497	needs of the proposed incapacitated adult and avoid the need for the
498	498	appointment of a parental administrator.
499	499	(b) Before the hearing, the attorney ad litem shall review:
500	500	(1) the application for parental administration;
501	501	(2) certificates of current physical, medical, and
502	502	intellectual examinations; and
503	503	(3) all of the proposed incapacitated adult's relevant
504	504	medical, psychological, and intellectual testing records.
505	505	(c) Before the hearing, the attorney ad litem shall discuss
506	506	with the proposed incapacitated adult the attorney ad litem's
507	507	opinion regarding:
508	508	(1) whether a parental administration is necessary for
509	509	the proposed incapacitated adult; and
510	510	(2) if a parental administration is necessary, the
511	511	specific powers or duties of the parental administration that
512	512	should be limited if the proposed incapacitated adult receives
513	513	supports and services.
514	514	Sec. 1359.0154. COMPENSATION AND EXPENSES. An attorney ad
515	515	litem appointed under this subchapter is entitled to reasonable
516	516	compensation for services and expenses provided in the amount set
517	517	by the court, to be taxed as costs in the proceeding.
518	518	Sec. 1359.0155. APPOINTMENT OF INTERPRETER. At the time
519	519	the court appoints the attorney ad litem under this subchapter, the
520	520	court shall appoint a language interpreter or sign interpreter if
521	521	necessary to ensure effective communication between the proposed
522	522	incapacitated adult and the attorney ad litem.
523	523	Sec. 1359.0156. APPOINTMENT OF EXISTING AD LITEM. In the
524	524	interest of judicial economy, the court may appoint as an attorney
525	525	ad litem under this subchapter a person who is serving as an ad
526	526	litem for the proposed incapacitated adult's benefit in any other
527	527	proceeding.
528	528	SUBCHAPTER E. GUARDIANS AD LITEM
529	529	Sec. 1359.0201. APPOINTMENT OF GUARDIAN AD LITEM IN
530	530	PARENTAL ADMINISTRATION PROCEEDING. (a) The judge may appoint a
531	531	guardian ad litem to represent the interests of a proposed
532	532	incapacitated adult in a parental administration proceeding.
533	533	(b) A guardian ad litem must have the certification required
534	534	by Section 1054.201.
535	535	Sec. 1359.0202. APPOINTMENT OF EXISTING AD LITEM. In the
536	536	interest of judicial economy, the court may appoint as guardian ad
537	537	litem under this subchapter a person who is serving as an ad litem
538	538	for the proposed incapacitated adult's benefit in any other
539	539	proceeding.
540	540	Sec. 1359.0203. TERM OF CERTAIN APPOINTMENTS. Unless the
541	541	court determines that the continued appointment of a guardian ad
542	542	litem appointed under this subchapter is in the proposed
543	543	incapacitated adult's best interests, the guardian ad litem's term
544	544	of appointment expires, without a court order, on the date the court
545	545	appoints a parental administrator or denies the application for
546	546	appointment of a parental administrator.
547	547	Sec. 1359.0204. DUTIES. (a) A guardian ad litem appointed
548	548	under this subchapter is an officer of the court.
549	549	(b) A guardian ad litem shall protect the proposed
550	550	incapacitated adult whose interests the guardian has been appointed
551	551	to represent in a manner that will enable the court to determine the
552	552	action that will be in that person's best interests.
553	553	(c) The guardian ad litem shall:
554	554	(1) investigate whether a parental administration is
555	555	necessary for the proposed incapacitated adult; and
556	556	(2) evaluate alternatives and supports and services
557	557	available to the proposed incapacitated adult that would avoid the
558	558	need for appointment of a parental administrator.
559	559	(d) The information gathered by the guardian ad litem under
560	560	Subsection (c) is subject to examination by the court.
561	561	Sec. 1359.0205. COMPENSATION AND EXPENSES. (a) A guardian
562	562	ad litem appointed under this subchapter is entitled to reasonable
563	563	compensation for services and expenses provided in the amount set
564	564	by the court, to be taxed as costs in the proceeding.
565	565	(b) The fees and expenses of a guardian ad litem appointed
566	566	under this subchapter are costs of the litigation proceeding that
567	567	made the appointment necessary.
568	568	Sec. 1359.0206. IMMUNITY. (a) Subject to Subsection (b), a
569	569	guardian ad litem appointed under this subchapter to represent the
570	570	interests of a proposed incapacitated adult is not liable for civil
571	571	damages arising from a recommendation made or an opinion given in
572	572	the capacity of guardian ad litem.
573	573	(b) This section does not apply to a recommendation or
574	574	opinion that is:
575	575	(1) wilfully wrongful;
576	576	(2) given:
577	577	(A) with conscious indifference to or reckless
578	578	disregard for the safety of another;
579	579	(B) with malice; or
580	580	(C) in bad faith; or
581	581	(3) grossly negligent.
582	582	SUBCHAPTER F. COURT INVESTIGATION
583	583	Sec. 1359.0251. INVESTIGATION OF PARENTAL ADMINISTRATION
584	584	APPLICATION. On the filing of an application for parental
585	585	administration under this chapter, a court investigator shall
586	586	investigate the circumstances alleged in the application to
587	587	determine whether any other less restrictive alternative to
588	588	guardianship other than parental administration is appropriate.
589	589	Sec. 1359.0252. GENERAL DUTIES OF COURT INVESTIGATOR. A
590	590	court investigator shall:
591	591	(1) investigate a complaint received from any person
592	592	about a parental administration and report to the judge, if
593	593	necessary; and
594	594	(2) perform other duties as assigned by the judge or
595	595	required by this title.
596	596	Sec. 1359.0253. INVESTIGATION REPORT. (a) A court
597	597	investigator shall file with the court a report containing the
598	598	court investigator's findings and conclusions after conducting an
599	599	investigation under this subchapter.
600	600	(b) In a contested case, the court investigator shall
601	601	provide copies of the report of the court investigator's findings
602	602	and conclusions to the attorneys for the parties before the earlier
603	603	of:
604	604	(1) the seventh day after the date the court
605	605	investigator completes the report; or
606	606	(2) the 10th day before the date the trial is scheduled
607	607	to begin.
608	608	(c) Disclosure to a jury of the contents of a court
609	609	investigator's report is subject to the Texas Rules of Evidence.
610	610	Sec. 1359.0254. EFFECT OF SUBCHAPTER ON OTHER LAW. Nothing
611	611	in this subchapter supersedes any duty or obligation of another to
612	612	report or investigate abuse or neglect under any statute of this
613	613	state.
614	614	SUBCHAPTER G. HEARING; JURY TRIAL
615	615	Sec. 1359.0301. HEARING. (a) At a hearing for the
616	616	appointment of a parental administrator, the court shall inquire
617	617	into:
618	618	(1) the ability of the proposed incapacitated adult
619	619	to:
620	620	(A) feed, clothe, and shelter himself or herself;
621	621	(B) care for his or her own physical health; and
622	622	(C) manage his or her property or financial
623	623	affairs; and
624	624	(2) whether the applicant is the parent of the
625	625	proposed incapacitated adult.
626	626	(b) A proposed incapacitated adult must be present at the
627	627	hearing unless the court, on the record or in the order, determines
628	628	that a personal appearance is not necessary.
629	629	(c) The court may close the hearing at the request of the
630	630	proposed incapacitated adult.
631	631	Sec. 1359.0302. JURY TRIAL. A proposed incapacitated adult
632	632	is entitled to a jury trial on timely request.
633	633	Sec. 1359.0303. USE OF RECORDS. Current medical,
634	634	psychological, and intellectual testing records are a sufficient
635	635	basis for an appointment of a parental administrator, but the
636	636	findings and recommendations contained in those records are not
637	637	binding on the court.
638	638	SUBCHAPTER H. DETERMINATION OF NECESSITY OF PARENTAL
639	639	ADMINISTRATION; FINDINGS AND PROOF
640	640	Sec. 1359.0351. FINDINGS AND PROOF REQUIRED. (a) Before
641	641	appointing a parental administrator for a proposed incapacitated
642	642	adult, the court must find by a preponderance of the evidence that:
643	643	(1) the proposed incapacitated adult is an
644	644	incapacitated person as defined by Section 22.016(2);
645	645	(2) the person to be appointed parental administrator
646	646	is not disqualified from acting and is suitable to act as parental
647	647	administrator;
648	648	(3) a necessity exists for the parental
649	649	administration;
650	650	(4) it is in the proposed incapacitated adult's best
651	651	interests to have the court appoint a parental administrator;
652	652	(5) other less restrictive alternatives to
653	653	guardianship, other than parental administration, that would avoid
654	654	the need for the appointment of a parental administrator have been
655	655	considered and determined not to be feasible;
656	656	(6) supports and services available to the proposed
657	657	incapacitated adult that would avoid the need for the appointment
658	658	of a parental administrator have been considered and determined not
659	659	to be feasible;
660	660	(7) it is in the best interests of the incapacitated
661	661	adult to have more than one parental administrator if more than one
662	662	parent has made application; and
663	663	(8) the court has venue of the case.
664	664	(b) The court may not grant an application to create a
665	665	parental administration unless the applicant proves each element
666	666	required by this section.
667	667	Sec. 1359.0352. DETERMINATION OF INCAPACITY: PHYSICIAN
668	668	EXAMINATION. (a) The court may not grant an application for the
669	669	appointment of a parental administrator for a proposed
670	670	incapacitated adult unless the applicant presents to the court:
671	671	(1) a written letter or certificate from a physician
672	672	licensed in this state that:
673	673	(A) is dated not earlier than the 120th day
674	674	before the date the application is filed;
675	675	(B) is based on an examination the physician
676	676	performed not earlier than the 120th day before the date the
677	677	application is filed; and
678	678	(C) complies with Subsection (b); or
679	679	(2) a written letter or certificate that:
680	680	(A) shows that not earlier than 24 months before
681	681	the date of a hearing on the application:
682	682	(i) the proposed incapacitated adult has
683	683	been examined by a physician or psychologist licensed in this state
684	684	or certified by the Health and Human Services Commission to perform
685	685	the examination, in accordance with rules of the executive
686	686	commissioner of the Health and Human Services Commission governing
687	687	examinations of that kind, and the physician's or psychologist's
688	688	written findings and recommendations include a determination of an
689	689	intellectual disability; or
690	690	(ii) a physician or psychologist licensed
691	691	in this state or certified by the Health and Human Services
692	692	Commission to perform examinations described by Subparagraph (i)
693	693	updated or endorsed in writing a prior determination of an
694	694	intellectual disability for the proposed incapacitated adult made
695	695	by a physician or psychologist licensed in this state or certified
696	696	by the commission; and
697	697	(B) complies with Subsection (b).
698	698	(b) A letter or certificate under Subsection (a)(1) or (2)
699	699	must:
700	700	(1) describe the nature, degree, and severity of the
701	701	proposed incapacitated adult's incapacity, including any
702	702	functional deficits regarding the proposed incapacitated adult's
703	703	ability to consent to medical, dental, psychological, or
704	704	psychiatric treatment;
705	705	(2) provide an evaluation of the proposed
706	706	incapacitated adult's physical condition and mental functioning
707	707	and summarize the proposed incapacitated adult's medical history if
708	708	reasonably available;
709	709	(3) state how or in what manner the proposed
710	710	incapacitated adult's ability to make or communicate responsible
711	711	decisions concerning himself or herself is affected by the proposed
712	712	incapacitated adult's physical or mental health, including the
713	713	proposed incapacitated adult's ability to:
714	714	(A) understand or communicate;
715	715	(B) recognize familiar objects and individuals;
716	716	(C) solve problems;
717	717	(D) reason logically; and
718	718	(E) administer to daily life activities with and
719	719	without supports and services;
720	720	(4) state whether any current medication affects the
721	721	proposed incapacitated adult's demeanor or the proposed
722	722	incapacitated adult's ability to participate fully in a court
723	723	proceeding;
724	724	(5) if applicable, describe the precise physical and
725	725	mental conditions underlying a diagnosis of an intellectual
726	726	disability;
727	727	(6) state whether a parental administration is
728	728	necessary for the proposed incapacitated adult; and
729	729	(7) include any other information required by the
730	730	court.
731	731	(c) If the court determines it is necessary, the court may
732	732	appoint a physician to examine the proposed incapacitated adult.
733	733	The court must make a determination with respect to the necessity
734	734	for a physician's examination of the proposed incapacitated adult
735	735	at a hearing held for that purpose. Not later than the fourth day
736	736	before the date of the hearing, the applicant shall give to the
737	737	proposed incapacitated adult and the proposed incapacitated
738	738	adult's attorney ad litem written notice specifying the purpose and
739	739	the date and time of the hearing.
740	740	(d) A physician who examines the proposed incapacitated
741	741	adult for purposes of Subsection (a)(1) shall file with the court
742	742	and provide to the attorney ad litem appointed to represent the
743	743	proposed incapacitated adult a written letter or certificate from
744	744	the physician that complies with the requirements of Subsections
745	745	(a)(1) and (b).
746	746	SUBCHAPTER I. RIGHTS, POWERS, AND DUTIES UNDER PARENTAL
747	747	ADMINISTRATION
748	748	Sec. 1359.0401. RIGHTS RETAINED BY INCAPACITATED ADULT.
749	749	(a) An incapacitated adult for whom a parental administrator is
750	750	appointed retains all legal and civil rights and powers.
751	751	(b) The powers, limitations, and duties of a parental
752	752	administrator appointed under this chapter are subordinate to the
753	753	rights and powers of the incapacitated adult.
754	754	Sec. 1359.0402. FIDUCIARY DUTY. A parental administrator
755	755	owes a fiduciary duty to the incapacitated adult.
756	756	Sec. 1359.0403. COMMITMENT OF INCAPACITATED ADULT. (a)
757	757	Except as provided by Subsection (b), a parental administrator may
758	758	not voluntarily admit an incapacitated adult to a public or private
759	759	inpatient psychiatric facility operated by the Health and Human
760	760	Services Commission for care and treatment or to a residential
761	761	facility operated by the commission for care and treatment. If care
762	762	and treatment in a psychiatric or residential facility is
763	763	necessary, the incapacitated adult or the parental administrator
764	764	may:
765	765	(1) apply for services under Section 593.027 or
766	766	593.028, Health and Safety Code;
767	767	(2) apply to a court to commit the incapacitated adult
768	768	under Subtitle C or D, Title 7, Health and Safety Code, or Chapter
769	769	462, Health and Safety Code; or
770	770	(3) transport the incapacitated adult to an inpatient
771	771	mental health facility for a preliminary examination in accordance
772	772	with Subchapters A and C, Chapter 573, Health and Safety Code.
773	773	(b) A parental administrator may voluntarily admit an
774	774	incapacitated adult to a residential care facility for emergency
775	775	care or respite care under Section 593.027 or 593.028, Health and
776	776	Safety Code, if the order appointing the parental administrator
777	777	grants the parental administrator the duty to provide the
778	778	incapacitated adult with medical care.
779	779	Sec. 1359.0404. ADMINISTRATION OF MEDICATION. (a) In this
780	780	section, "psychoactive medication" has the meaning assigned by
781	781	Section 574.101, Health and Safety Code.
782	782	(b) A parental administrator of an incapacitated adult who
783	783	is under a protective custody order as provided by Subchapter B,
784	784	Chapter 574, Health and Safety Code, may consent to the
785	785	administration of psychoactive medication as prescribed by the
786	786	incapacitated adult's treating physician regardless of the
787	787	incapacitated adult's expressed preferences regarding treatment
788	788	with psychoactive medication, if the order appointing the parental
789	789	administrator grants the parental administrator the duty to provide
790	790	the incapacitated adult with medical care.
791	791	Sec. 1359.0405. APPLICATION BY CERTAIN RELATIVES FOR ACCESS
792	792	TO INCAPACITATED ADULT; HEARING AND COURT ORDER. A relative of an
793	793	incapacitated adult may file an application with the court
794	794	requesting access to the incapacitated adult, including the
795	795	opportunity to establish visitation or communication with the
796	796	incapacitated adult in the same manner as a ward's relative may file
797	797	such an application under Section 1151.055. The court shall act on
798	798	the application in the same manner as the court is required to act
799	799	on the application for a ward under that section.
800	800	SUBCHAPTER J. REPORTING
801	801	Sec. 1359.0451. REPORT OF PARENTAL ADMINISTRATOR. At any
802	802	time after a parental administrator is appointed, the court, on its
803	803	own motion or on the motion of a person interested in the welfare of
804	804	the incapacitated adult and for good cause shown, may order the
805	805	parental administrator to submit to the court a sworn report on the
806	806	condition of the incapacitated adult. The report must include the
807	807	same information for the incapacitated adult as is required by
808	808	Section 1163.101 for a ward.
809	809	SUBCHAPTER K. INVESTIGATION OF ALLEGED ABUSE, NEGLECT, OR
810	810	EXPLOITATION CONCERNING INCAPACITATED ADULT
811	811	Sec. 1359.0501. INTERFERENCE WITH INVESTIGATION OR
812	812	SERVICES PROHIBITED. A parental administrator may not interfere
813	813	with:
814	814	(1) an investigation by the Department of Family and
815	815	Protective Services, another state agency, or a law enforcement
816	816	agency of alleged abuse, neglect, or exploitation of the
817	817	incapacitated adult; or
818	818	(2) the provision of protective services by the
819	819	Department of Family and Protective Services or another state
820	820	agency to the incapacitated adult.
821	821	Sec. 1359.0502. REPORT TO COURT OF INVESTIGATION OF ALLEGED
822	822	ABUSE, NEGLECT, OR EXPLOITATION. Subject to rules adopted under
823	823	Section 48.101, Human Resources Code, the Department of Family and
824	824	Protective Services or another state agency that conducts an
825	825	investigation of alleged abuse, neglect, or exploitation of an
826	826	incapacitated adult for whom a parental administrator is appointed
827	827	shall report the results of the investigation to the court with
828	828	jurisdiction of the parental administration.
829	829	SUBCHAPTER L. RESIGNATION, REMOVAL, OR DEATH OF PARENTAL
830	830	ADMINISTRATOR; CONVERSION TO GUARDIANSHIP
831	831	Sec. 1359.0551. GROUNDS FOR REMOVAL OF PARENTAL
832	832	ADMINISTRATOR. A court may remove a parental administrator if the
833	833	parental administrator:
834	834	(1) fails to comply with a court order for a report
835	835	under Section 1359.0451;
836	836	(2) is proven to have been guilty of gross misconduct
837	837	or gross mismanagement in the performance of duties as parental
838	838	administrator;
839	839	(3) is disqualified to act as a parental administrator
840	840	under Section 1359.0107;
841	841	(4) is no longer necessary because the court finds
842	842	that the incapacitated adult is no longer incapacitated;
843	843	(5) is convicted of an offense and subsequently
844	844	confined or imprisoned; or
845	845	(6) for any other reason becomes unable to properly
846	846	perform the parental administrator's duties.
847	847	Sec. 1359.0552. DETERMINATION REGARDING PARENTAL
848	848	ADMINISTRATOR'S INCAPACITY. (a) The court on its own motion may or
849	849	on the written application of an interested person shall order an
850	850	investigation into whether a parental administrator appointed by
851	851	the court under this chapter is an incapacitated person for
852	852	purposes of Sections 1359.0551(3) and 1359.0107(1).
853	853	(b) Subject to Section 1359.0103, an application filed
854	854	under this section must be sworn to by the applicant and state:
855	855	(1) the incapacitated adult's name, sex, date of
856	856	birth, and address;
857	857	(2) the parental administrator's name, sex, date of
858	858	birth, and address;
859	859	(3) the nature and degree of the parental
860	860	administrator's alleged incapacity;
861	861	(4) the facts requiring an investigation into the
862	862	parental administrator's capacity; and
863	863	(5) the applicant's interest in the incapacitated
864	864	adult.
865	865	(c) The court on its own motion may or on receipt of an
866	866	application under this section shall appoint a guardian ad litem or
867	867	court investigator to investigate the conditions and circumstances
868	868	of the parental administrator, including any facts alleged in the
869	869	application that would give rise to a finding of incapacity, to
870	870	determine whether there is probable cause to believe the parental
871	871	administrator is an incapacitated person. The court's order
872	872	appointing the guardian ad litem or court investigator must include
873	873	a statement that the parental administrator has the right to
874	874	petition the court to have the appointment set aside.
875	875	(d) The guardian ad litem or court investigator shall file
876	876	with the court a report of the findings and conclusions of the
877	877	investigation conducted under Subsection (c).
878	878	(e) If a guardian ad litem or court investigator, after an
879	879	investigation as prescribed by this section, determines that
880	880	probable cause exists to believe the parental administrator is an
881	881	incapacitated person, the guardian ad litem or court investigator,
882	882	as applicable, shall file with the court an application
883	883	recommending an independent examination of the parental
884	884	administrator's capacity by a physician licensed in this state.
885	885	(f) If the court determines it is necessary, the court may
886	886	appoint one or more physicians licensed in this state to examine the
887	887	parental administrator. The court must make its determination with
888	888	respect to the necessity for a physician's examination of the
889	889	parental administrator at a hearing held for that purpose. Not
890	890	later than the fourth day before the date of the hearing, the court
891	891	shall give to the parental administrator written notice specifying
892	892	the purpose, date, and time of the hearing.
893	893	(g) A physician who examines the parental administrator
894	894	under this section shall return to the court a written letter or
895	895	certificate from the physician that describes the nature, degree,
896	896	and severity of the parental administrator's incapacity, if any,
897	897	including any functional deficits regarding the parental
898	898	administrator's ability to perform the duties the parental
899	899	administrator owes to the incapacitated adult. A written letter or
900	900	certificate by a physician finding incapacity under this subsection
901	901	may be relied on by the court only for purposes of making a
902	902	determination of incapacity under Sections 1359.0551(3) and
903	903	1359.0107(1).
904	904	(h) Notwithstanding Section 1359.0603 and except as
905	905	provided by Subsection (i), the court may order court costs
906	906	associated with making a determination relating to incapacity under
907	907	this section to be paid by the applicant who requested the
908	908	investigation under this section if:
909	909	(1) the parental administrator is determined not to be
910	910	an incapacitated person; and
911	911	(2) the incapacitated adult has no guardianship estate
912	912	or management trust or the assets of the estate or management trust,
913	913	as appropriate, are insufficient to pay the court costs.
914	914	(i) If the applicant ordered to pay court costs under
915	915	Subsection (h) files, on the applicant's own behalf, an affidavit
916	916	of inability to pay court costs under Rule 145, Texas Rules of Civil
917	917	Procedure, that shows the applicant is unable to afford the costs,
918	918	the court shall order costs be paid out of the county treasury.
919	919	Sec. 1359.0553. PROCEDURE FOR REMOVAL OF PARENTAL
920	920	ADMINISTRATOR OR CONVERSION OF PARENTAL ADMINISTRATION TO
921	921	GUARDIANSHIP. (a) The court on the court's own motion or on the
922	922	application of any person may initiate a proceeding to:
923	923	(1) subject to Subsection (b), remove a parental
924	924	administrator on proof of a ground for removal described by Section
925	925	1359.0551; or
926	926	(2) subject to Subsection (d), convert a parental
927	927	administration for an incapacitated adult to a guardianship.
928	928	(b) In a proceeding for the removal of a parental
929	929	administrator initiated under Subsection (a)(1), the court shall:
930	930	(1) have the parental administrator cited by personal
931	931	service to appear before the court; and
932	932	(2) appoint to represent the proposed incapacitated
933	933	adult's interests an attorney ad litem who has the certification
934	934	required by Section 1054.201.
935	935	(c) A citation under this section must state:
936	936	(1) the time and place of a hearing on the matter at
937	937	which the parental administrator is to appear; and
938	938	(2) the alleged ground for removal of the parental
939	939	administrator.
940	940	(d) In a proceeding for the conversion of a parental
941	941	administration to a guardianship under Subsection (a)(2),
942	942	notwithstanding any other law, all requirements necessary to create
943	943	a guardianship are required to convert a parental administration to
944	944	a guardianship, except:
945	945	(1) a procedural requirement the court determines was
946	946	fulfilled when the parental administration was initially
947	947	established; and
948	948	(2) a requirement for a written letter or certificate
949	949	from a physician licensed in this state.
950	950	(e) Notwithstanding the discretion provided by Subsection
951	951	(d), the court shall:
952	952	(1) provide notice of the conversion of a parental
953	953	administration to a guardianship in the manner required by Chapter
954	954	1051; and
955	955	(2) appoint to represent the proposed incapacitated
956	956	adult's interests an attorney ad litem who has the certification
957	957	required by Section 1054.201.
958	958	(f) The authority to appear pro se in a parental
959	959	administration proceeding does not extend to a proceeding to
960	960	convert a parental administration to a guardianship.
961	961	Sec. 1359.0554. INFORMAL REQUEST FOR ORDER BY INCAPACITATED
962	962	ADULT; INVESTIGATION AND REPORT. (a) Subject to Subsection (e), an
963	963	incapacitated adult may request by informal letter to the court an
964	964	order under Section 1359.0551(4) finding that the incapacitated
965	965	adult is no longer incapacitated. A person who knowingly
966	966	interferes with the transmission of the request to the court may be
967	967	adjudged guilty of contempt of court.
968	968	(b) On receipt of an informal letter under Subsection (a),
969	969	the court shall appoint the court investigator or a guardian ad
970	970	litem to investigate the incapacitated adult's circumstances,
971	971	including any circumstances alleged in the letter, to determine
972	972	whether:
973	973	(1) the incapacitated adult is no longer
974	974	incapacitated; or
975	975	(2) a modification of the parental administration is
976	976	necessary.
977	977	(c) The guardian ad litem or court investigator shall file
978	978	with the court a report of the investigation's findings and
979	979	conclusions. If the guardian ad litem or court investigator
980	980	determines that it is in the best interests of the incapacitated
981	981	adult to terminate or modify the parental administration, the
982	982	guardian ad litem or court investigator shall file an application
983	983	on the incapacitated adult's behalf.
984	984	(d) A guardian ad litem appointed under this section may
985	985	also be appointed by the court to serve as attorney ad litem under
986	986	Section 1359.0553.
987	987	(e) A person may not reapply for termination or modification
988	988	of the parental administration before the first anniversary of the
989	989	date of the hearing on the last preceding application, except as
990	990	otherwise provided by the court on good cause shown by the
991	991	applicant.
992	992	Sec. 1359.0555. TERMINATION OF PARENTAL ADMINISTRATOR'S
993	993	RIGHTS AND POWERS ON REMOVAL OR CONVERSION TO GUARDIANSHIP. The
994	994	rights and powers of a parental administrator terminate when a
995	995	court orders the parental administrator removed or a parental
996	996	administration converted into a guardianship.
997	997	Sec. 1359.0556. APPOINTMENT BECAUSE OF RESIGNATION,
998	998	REMOVAL, OR DEATH. (a) Except as provided by Subsection (b), if a
999	999	parental administrator resigns, is removed, or dies, the court may
1000	1000	appoint a successor parental administrator on application and on
1001	1001	service of notice as directed by the court.
1002	1002	(b) The court may appoint a successor parental
1003	1003	administrator under this section without citation or notice if the
1004	1004	court finds that a necessity exists for the immediate appointment.
1005	1005	Subject to an order of the court, a successor parental
1006	1006	administrator has the same rights and powers previously granted to
1007	1007	the former parental administrator.
1008	1008	SUBCHAPTER M. COMPENSATION, EXPENSES, AND COURT COSTS
1009	1009	Sec. 1359.0601. COMPENSATION FOR CERTAIN PARENTAL
1010	1010	ADMINISTRATORS. The court may authorize compensation for a
1011	1011	parental administrator from available funds of the incapacitated
1012	1012	adult's estate or other funds available for that purpose. The court
1013	1013	may set the compensation in an amount not to exceed five percent of
1014	1014	the incapacitated adult's gross income. For purposes of this
1015	1015	section, "gross income" does not include United States Department
1016	1016	of Veterans Affairs or social security benefits received by an
1017	1017	incapacitated adult.
1018	1018	Sec. 1359.0602. EXPENSES. A parental administrator is
1019	1019	entitled to reimbursement of expenses to the same extent as a
1020	1020	guardian is entitled to reimbursement of expenses under Subchapter
1021	1021	C, Chapter 1155.
1022	1022	Sec. 1359.0603. COSTS IN PARENTAL ADMINISTRATION
1023	1023	PROCEEDING GENERALLY. (a) In a parental administration
1024	1024	proceeding, the court costs of the proceeding, including the costs
1025	1025	described by Subsection (b), shall, except as provided by
1026	1026	Subsection (c), be paid as follows, and the court shall issue the
1027	1027	judgment accordingly:
1028	1028	(1) out of the incapacitated adult's estate, if any;
1029	1029	(2) out of the management trust, if a management trust
1030	1030	has been created for the benefit of the incapacitated adult under
1031	1031	Chapter 1301 and the court determines it is in the incapacitated
1032	1032	adult's best interests;
1033	1033	(3) by the party to the proceeding who incurred the
1034	1034	costs, unless that party filed, on the party's own behalf, an
1035	1035	affidavit of inability to pay the costs under Rule 145, Texas Rules
1036	1036	of Civil Procedure, that shows the party is unable to afford the
1037	1037	costs, if:
1038	1038	(A) the incapacitated adult has no estate or no
1039	1039	management trust has been created for the incapacitated adult's
1040	1040	benefit; or
1041	1041	(B) the assets of the incapacitated adult's
1042	1042	estate or management trust, as appropriate, are insufficient to pay
1043	1043	the costs; or
1044	1044	(4) out of the county treasury if:
1045	1045	(A) the incapacitated adult has no estate or
1046	1046	management trust or the assets of the incapacitated adult's estate
1047	1047	or management trust, as appropriate, are insufficient to pay the
1048	1048	costs; and
1049	1049	(B) the party to the proceeding who incurred the
1050	1050	costs filed, on the party's own behalf, an affidavit of inability to
1051	1051	pay the costs under Rule 145, Texas Rules of Civil Procedure, that
1052	1052	shows the party is unable to afford the costs.
1053	1053	(b) In a parental administration proceeding, the cost of any
1054	1054	guardians ad litem, attorneys ad litem, health professionals, and
1055	1055	interpreters appointed under this chapter shall be set in an amount
1056	1056	the court considers equitable and just.
1057	1057	(c) Notwithstanding any other law requiring the payment of
1058	1058	court costs in a parental administration proceeding, the following
1059	1059	are not required to pay court costs on the filing of or during a
1060	1060	parental administration proceeding:
1061	1061	(1) an attorney ad litem;
1062	1062	(2) a guardian ad litem;
1063	1063	(3) a person or entity who files an affidavit of
1064	1064	inability to pay the costs under Rule 145, Texas Rules of Civil
1065	1065	Procedure, that shows the person or entity is unable to afford the
1066	1066	costs; and
1067	1067	(4) a governmental entity.
1068	1068	(d) For purposes of Subsections (a) and (c), a person or
1069	1069	entity who files an affidavit of inability to pay the costs under
1070	1070	Rule 145, Texas Rules of Civil Procedure, is unable to afford the
1071	1071	costs if the affidavit shows that the person or entity:
1072	1072	(1) is currently receiving assistance or other
1073	1073	benefits from a government program under which assistance or other
1074	1074	benefits are provided to individuals on a means-tested basis;
1075	1075	(2) is eligible for and currently receiving free legal
1076	1076	services in the parental administration proceeding through the
1077	1077	following:
1078	1078	(A) a legal services provider funded partly by
1079	1079	the Texas Access to Justice Foundation;
1080	1080	(B) a legal services provider funded partly by
1081	1081	the Legal Services Corporation; or
1082	1082	(C) a nonprofit corporation formed under the laws
1083	1083	of this state that provides legal services to low-income
1084	1084	individuals whose household income is at or below 200 percent of the
1085	1085	federal poverty guidelines as determined by the United States
1086	1086	Department of Health and Human Services;
1087	1087	(3) applied and was eligible for free legal services
1088	1088	through a person or entity listed in Subdivision (2) but was
1089	1089	declined representation; or
1090	1090	(4) has a household income that is at or below 200
1091	1091	percent of the federal poverty guidelines as determined by the
1092	1092	United States Department of Health and Human Services and has money
1093	1093	or other available assets, excluding any homestead and exempt
1094	1094	property under Chapter 42, Property Code, in an amount that does not
1095	1095	exceed $2,000.
1096	1096	(e) If an affidavit of inability to pay costs filed under
1097	1097	Rule 145, Texas Rules of Civil Procedure, is contested, the court,
1098	1098	at a hearing, shall review the contents of and attachments to the
1099	1099	affidavit and any other evidence offered at the hearing and make a
1100	1100	determination as to whether the person or entity is unable to afford
1101	1101	the costs. If the court finds that the person or entity is able to
1102	1102	afford the costs, the person or entity must pay the court costs.
1103	1103	Except with leave of court, no further action in the parental
1104	1104	administration proceeding may be taken by a person or entity found
1105	1105	able to afford costs until payment of those costs is made.
1106	1106	(f) The costs attributable to the services of a person
1107	1107	described by Subsection (b) shall be paid under this section at any
1108	1108	time after the commencement of the proceeding as ordered by the
1109	1109	court.
1110	1110	(g) If the court finds that a party in a parental
1111	1111	administration proceeding acted in bad faith or without just cause
1112	1112	in prosecuting or objecting to an application in the proceeding,
1113	1113	the court may order the party to pay all or part of the costs of the
1114	1114	proceeding.
1115	1115	(h) If the incapacitated adult has an estate or a management
1116	1116	trust under Chapter 1301 is created, a person or entity who paid any
1117	1117	costs on the filing of or during the proceeding is entitled to be
1118	1118	reimbursed out of assets of the incapacitated adult's estate or
1119	1119	management trust, as appropriate, for the costs if:
1120	1120	(1) the assets of the estate or trust, as appropriate,
1121	1121	are sufficient to cover the reimbursement of the costs; and
1122	1122	(2) the person or entity has not been ordered by the
1123	1123	court to pay the costs as all or part of the payment of court costs
1124	1124	under Subsection (g).
1125	1125	(i) If at any time after a parental administration or
1126	1126	management trust under Chapter 1301 is created there are sufficient
1127	1127	assets of the estate or trust, as appropriate, to pay the amount of
1128	1128	any of the costs exempt from payment under Subsection (c), the court
1129	1129	shall require the parental administrator to pay out of the parental
1130	1130	administration or management trust, as appropriate, to the court
1131	1131	clerk for deposit in the county treasury the amount of any of those
1132	1132	costs.
1133	1133	(j) To the extent that this section conflicts with the Texas
1134	1134	Rules of Civil Procedure or other rules, this section controls.
1135	1135	ARTICLE 2. CONFORMING AMENDMENTS
1136	1136	SECTION 2.01. Article 14.055, Code of Criminal Procedure,
1137	1137	is amended to read as follows:
1138	1138	Art. 14.055. DUTY OF OFFICER TO NOTIFY PROBATE COURT. (a)
1139	1139	In this article:
1140	1140	(1) "Guardian" has the meaning assigned by Section
1141	1141	1002.012, Estates Code.
1142	1142	(2) "Incapacitated adult" has the meaning assigned by
1143	1143	Section 1359.0001, Estates Code.
1144	1144	(3) "Parental administrator" has the meaning assigned
1145	1145	by Section 1359.0001, Estates Code.
1146	1146	(4) "Ward"[, "ward"] has the meaning assigned by
1147	1147	Section 22.033, Estates Code.
1148	1148	(b) As soon as practicable, but not later than the first
1149	1149	working day after the date a peace officer detains or arrests a
1150	1150	person who is:
1151	1151	(1) a ward, the peace officer or the person having
1152	1152	custody of the ward shall notify the ward's guardian and the court
1153	1153	having jurisdiction over the ward's guardianship of the ward's
1154	1154	detention or arrest; or
1155	1155	(2) an incapacitated adult for whom a parental
1156	1156	administrator has been appointed, the peace officer or the person
1157	1157	having custody of the incapacitated adult shall notify the
1158	1158	incapacitated adult's parental administrator and the court having
1159	1159	jurisdiction over the incapacitated adult's parental
1160	1160	administration of the incapacitated adult's detention or arrest.
1161	1161	SECTION 2.02. Article 15.171, Code of Criminal Procedure,
1162	1162	is amended to read as follows:
1163	1163	Art. 15.171. DUTY OF OFFICER TO NOTIFY PROBATE COURT. (a)
1164	1164	In this article:
1165	1165	(1) "Guardian" has the meaning assigned by Section
1166	1166	1002.012, Estates Code.
1167	1167	(2) "Incapacitated adult" has the meaning assigned by
1168	1168	Section 1359.0001, Estates Code.
1169	1169	(3) "Parental administrator" has the meaning assigned
1170	1170	by Section 1359.0001, Estates Code.
1171	1171	(4) "Ward"[, "ward"] has the meaning assigned by
1172	1172	Section 22.033, Estates Code.
1173	1173	(b) As soon as practicable, but not later than the first
1174	1174	working day after the date a peace officer detains or arrests a
1175	1175	person who is:
1176	1176	(1) a ward, the peace officer or the person having
1177	1177	custody of the ward shall notify the ward's guardian and the court
1178	1178	having jurisdiction over the ward's guardianship of the ward's
1179	1179	detention or arrest; or
1180	1180	(2) an incapacitated adult for whom a parental
1181	1181	administrator has been appointed, the peace officer or the person
1182	1182	having custody of the incapacitated adult shall notify the
1183	1183	incapacitated adult's parental administrator and the court having
1184	1184	jurisdiction over the incapacitated adult's parental
1185	1185	administration of the incapacitated adult's detention or arrest.
1186	1186	SECTION 2.03. Article 26.041, Code of Criminal Procedure,
1187	1187	is amended to read as follows:
1188	1188	Art. 26.041. PROCEDURES RELATED TO GUARDIANSHIPS AND
1189	1189	PARENTAL ADMINISTRATIONS. (a) In this article:
1190	1190	(1) "Guardian" has the meaning assigned by Section
1191	1191	1002.012, Estates Code.
1192	1192	(2) "Incapacitated adult" has the meaning assigned by
1193	1193	Section 1359.0001, Estates Code.
1194	1194	(3) "Letters of guardianship" means a certificate
1195	1195	issued under Section 1106.001(a), Estates Code.
1196	1196	(4) "Parental administrator" has the meaning assigned
1197	1197	by Section 1359.0001, Estates Code.
1198	1198	(b) A guardian who provides a court with letters of
1199	1199	guardianship or a parental administrator who provides a court with
1200	1200	an order of parental administration for a defendant may:
1201	1201	(1) provide information relevant to the determination
1202	1202	of indigence [indigency]; and
1203	1203	(2) request that counsel be appointed in accordance
1204	1204	with this chapter.
1205	1205	SECTION 2.04. The heading to Chapter 155, Government Code,
1206	1206	is amended to read as follows:
1207	1207	CHAPTER 155. DUTIES RESPECTING GUARDIANSHIP AND PARENTAL
1208	1208	ADMINISTRATION
1209	1209	SECTION 2.05. Section 155.001, Government Code, is amended
1210	1210	by adding Subdivisions (4-a) and (5-a) to read as follows:
1211	1211	(4-a) "Incapacitated adult" has the meaning assigned
1212	1212	by Section 1359.0001, Estates Code.
1213	1213	(5-a) "Parental administrator" has the meaning
1214	1214	assigned by Section 1359.0001, Estates Code.
1215	1215	SECTION 2.06. The heading to Subchapter D, Chapter 155,
1216	1216	Government Code, as added by Chapter 313 (S.B. 1096), Acts of the
1217	1217	85th Legislature, Regular Session, 2017, is amended to read as
1218	1218	follows:
1219	1219	SUBCHAPTER D. GUARDIANSHIP AND PARENTAL ADMINISTRATION
1220	1220	REGISTRATION AND DATABASE
1221	1221	SECTION 2.07. Section 155.151, Government Code, as added by
1222	1222	Chapter 313 (S.B. 1096), Acts of the 85th Legislature, Regular
1223	1223	Session, 2017, is amended to read as follows:
1224	1224	Sec. 155.151. REGISTRATION OF GUARDIANSHIPS AND PARENTAL
1225	1225	ADMINISTRATIONS. (a) The supreme court, after consulting with the
1226	1226	office and the commission, shall by rule establish a mandatory
1227	1227	registration program for guardianships and parental
1228	1228	administrations under which all guardianships or parental
1229	1229	administrations, as applicable, in this state shall be required to
1230	1230	register with the commission.
1231	1231	(b) In establishing rules under this section, the supreme
1232	1232	court shall ensure courts with jurisdiction over a guardianship or
1233	1233	parental administration, as applicable, immediately notify the
1234	1234	commission of the removal of a guardian or parental administrator.
1235	1235	SECTION 2.08. Section 155.152, Government Code, as added by
1236	1236	Chapter 313 (S.B. 1096), Acts of the 85th Legislature, Regular
1237	1237	Session, 2017, is amended to read as follows:
1238	1238	Sec. 155.152. GUARDIANSHIP AND PARENTAL ADMINISTRATION
1239	1239	DATABASE. In cooperation with the commission and courts with
1240	1240	jurisdiction over guardianship or parental administration
1241	1241	proceedings and by using the information obtained by the commission
1242	1242	under this subchapter, the office shall establish and maintain a
1243	1243	central database of all guardianships and parental administrations
1244	1244	subject to the jurisdiction of this state.
1245	1245	SECTION 2.09. Section 155.153(c), Government Code, as added
1246	1246	by Chapter 313 (S.B. 1096), Acts of the 85th Legislature, Regular
1247	1247	Session, 2017, is amended to read as follows:
1248	1248	(c) The only information that may be disclosed from the
1249	1249	database to a law enforcement official inquiring into a
1250	1250	guardianship or parental administration is:
1251	1251	(1) the name, sex, and date of birth of a ward or
1252	1252	incapacitated adult, as applicable;
1253	1253	(2) the name, telephone number, and address of the
1254	1254	guardian of a ward or the parental administrator of an
1255	1255	incapacitated adult, as applicable; and
1256	1256	(3) the name of the court with jurisdiction over the
1257	1257	guardianship or parental administration, as applicable,
1258	1258	proceeding.
1259	1259	SECTION 2.10. Section 155.154, Government Code, as added by
1260	1260	Chapter 313 (S.B. 1096), Acts of the 85th Legislature, Regular
1261	1261	Session, 2017, is amended to read as follows:
1262	1262	Sec. 155.154. DATABASE DISCLAIMER. To the extent feasible,
1263	1263	the following disclaimer shall be displayed when the database is
1264	1264	accessed: "This database is for the limited purpose of determining
1265	1265	whether an individual has a guardian or parental administrator and
1266	1266	obtaining a guardian's or parental administrator's contact
1267	1267	information. The scope of a guardian's or parental administrator's
1268	1268	authority is determined by court order, and a guardian or parental
1269	1269	administrator should not be presumed to have the authority to act
1270	1270	for or on behalf of a ward or incapacitated adult until the extent
1271	1271	of the guardian's or parental administrator's authority is verified
1272	1272	by the court with jurisdiction over the guardianship or parental
1273	1273	administration."
1274	1274	SECTION 2.11. Section 155.155(a), Government Code, is
1275	1275	amended to read as follows:
1276	1276	(a) Information that is contained in the database required
1277	1277	under Section 155.152, including personally identifying
1278	1278	information of a guardian, [or a] ward, incapacitated adult, or
1279	1279	parental administrator is confidential and not subject to
1280	1280	disclosure under Chapter 552 or any other law.
1281	1281	SECTION 2.12. Section 313.004(f), Health and Safety Code,
1282	1282	is amended to read as follows:
1283	1283	(f) A person who is an available adult surrogate, as
1284	1284	described by Subsection (a), may consent to medical treatment on
1285	1285	behalf of a patient who is an adult inmate of a county or municipal
1286	1286	jail only for a period that expires on the earlier of the 120th day
1287	1287	after the date the person agrees to act as an adult surrogate for
1288	1288	the patient or the date the inmate is released from jail. At the
1289	1289	conclusion of the period, a successor surrogate may not be
1290	1290	appointed and only the following persons may consent to medical
1291	1291	treatment:
1292	1292	(1) the patient;
1293	1293	(2) [or] the patient's appointed guardian of the
1294	1294	person, if the patient is a ward under Title 3, Estates Code; or
1295	1295	(3) the patient's parental administrator appointed
1296	1296	under Chapter 1359, Estates Code, if the order appointing the
1297	1297	parental administrator grants the parental administrator the duty
1298	1298	to provide the incapacitated adult with medical care[, may consent
1299	1299	to medical treatment].
1300	1300	SECTION 2.13. Section 48.211, Human Resources Code, is
1301	1301	amended to read as follows:
1302	1302	Sec. 48.211. REPORT TO PROBATE [GUARDIANSHIP] COURT. If
1303	1303	the elderly person or person with a disability has a guardian or a
1304	1304	parental administrator, as defined by Section 1359.0001, Estates
1305	1305	Code, a written notification of the findings of the investigation
1306	1306	shall be sent to the court to which the guardian or parental
1307	1307	administrator is accountable.
1308	1308	SECTION 2.14. Section 118.052, Local Government Code, is
1309	1309	amended to read as follows:
1310	1310	Sec. 118.052. FEE SCHEDULE. Each clerk of a county court
1311	1311	shall collect the following fees for services rendered to any
1312	1312	person:
1313	1313	(1) CIVIL COURT ACTIONS
1314	1314	(A) Filing of Original Action (Sec. 118.053):
1315	1315	(i) Garnishment after judgment . . . $15.00
1316	1316	(ii) All others . . . $40.00
1317	1317	(B) Filing of Action Other than Original (Sec.
1318	1318	118.054) . . . $30.00
1319	1319	(C) Services Rendered After Judgment in Original
1320	1320	Action (Sec. 118.0545):
1321	1321	(i) Abstract of judgment . . . $ 5.00
1322	1322	(ii) Execution, order of sale, writ, or
1323	1323	other process . . . $ 5.00
1324	1324	(2) PROBATE COURT ACTIONS
1325	1325	(A) Probate Original Action (Sec. 118.055):
1326	1326	(i) Probate of a will with independent
1327	1327	executor, administration with will attached, administration of an
1328	1328	estate, guardianship or receivership of an estate, parental
1329	1329	administration, or muniment of title . . . $40.00
1330	1330	(ii) Community survivors . . . $40.00
1331	1331	(iii) Small estates . . . $40.00
1332	1332	(iv) Declarations of heirship . . . $40.00
1333	1333	(v) Mental health or chemical dependency
1334	1334	services . . . $40.00
1335	1335	(vi) Additional, special fee (Sec. 118.064)
1336	1336	. . . $ 5.00
1337	1337	(B) Services in Pending Probate Action (Sec.
1338	1338	118.056):
1339	1339	(i) Filing an inventory and appraisement as
1340	1340	provided by Section 118.056(d) . . . $25.00
1341	1341	(ii) Approving and recording bond . . . $
1342	1342	3.00
1343	1343	(iii) Administering oath . . . $ 2.00
1344	1344	(iv) Filing annual or final account of
1345	1345	estate . . . $25.00
1346	1346	(v) Filing application for sale of real or
1347	1347	personal property . . . $25.00
1348	1348	(vi) Filing annual or final report of
1349	1349	guardian of a person . . . $10.00
1350	1350	(vii) Filing a document not listed under
1351	1351	this paragraph after the filing of an order approving the inventory
1352	1352	and appraisement or after the 120th day after the date of the
1353	1353	initial filing of the action, whichever occurs first, if more than
1354	1354	25 pages . . . $25.00
1355	1355	(C) Adverse Probate Action (Sec. 118.057) . . .
1356	1356	$40.00
1357	1357	(D) Claim Against Estate (Sec. 118.058) . . .
1358	1358	$10.00
1359	1359	(E) Supplemental Court-Initiated Guardianship
1360	1360	Fee in Probate Original Actions and Adverse Probate Actions (Sec.
1361	1361	118.067) . . . $20.00
1362	1362	(F) Supplemental Public Probate Administrator
1363	1363	Fee For Counties That Have Appointed a Public Probate Administrator
1364	1364	(Sec. 118.068) . . . $10.00
1365	1365	(3) OTHER FEES
1366	1366	(A) Issuing Document (Sec. 118.059):
1367	1367	original document and one copy . . . $ 4.00
1368	1368	each additional set of an original and one copy . . . $ 4.00
1369	1369	(B) Certified Papers (Sec. 118.060):
1370	1370	for the clerk's certificate . . . $ 5.00
1371	1371	plus a fee per page or part of a page of . . . $ 1.00
1372	1372	(C) Noncertified Papers (Sec. 118.0605):
1373	1373	for each page or part of a page . . . $ 1.00
1374	1374	(D) Letters Testamentary, Letter of
1375	1375	Guardianship, Letter of Administration, or Abstract of Judgment
1376	1376	(Sec. 118.061) . . . $ 2.00
1377	1377	(E) Deposit and Safekeeping of Wills (Sec.
1378	1378	118.062) . . . $ 5.00
1379	1379	(F) Mail Service of Process (Sec. 118.063) . . .
1380	1380	same as sheriff
1381	1381	(G) Records Management and Preservation Fee
1382	1382	. . . $ 5.00
1383	1383	(H) Records Technology and Infrastructure Fee if
1384	1384	authorized by the commissioners court of the county (Sec. 118.026)
1385	1385	. . . $ 2.00
1386	1386	SECTION 2.15. The heading to Section 25.10, Penal Code, is
1387	1387	amended to read as follows:
1388	1388	Sec. 25.10. INTERFERENCE WITH CERTAIN POSSESSORY RIGHTS [OF
1389	1389	GUARDIAN OF THE PERSON].
1390	1390	SECTION 2.16. Section 25.10(a), Penal Code, is amended by
1391	1391	amending Subdivision (1) and adding Subdivision (1-a) to read as
1392	1392	follows:
1393	1393	(a) In this section:
1394	1394	(1) "Incapacitated adult" and "parental
1395	1395	administrator" have the meanings assigned by Section 1359.0001,
1396	1396	Estates Code.
1397	1397	(1-a) "Possessory right" means:
1398	1398	(A) the right of a guardian of the person to have
1399	1399	physical possession of a ward and to establish the ward's legal
1400	1400	domicile, as provided by Section 1151.051(c)(1), Estates Code; or
1401	1401	(B) the right of a parental administrator to have
1402	1402	physical possession of an incapacitated adult and to establish the
1403	1403	incapacitated adult's legal domicile, as provided by Section
1404	1404	1359.0108, Estates Code.
1405	1405	SECTION 2.17. Section 25.10, Penal Code, is amended by
1406	1406	adding Subsection (b-1) and amending Subsection (d) to read as
1407	1407	follows:
1408	1408	(b-1) A person commits an offense if the person takes,
1409	1409	retains, or conceals an incapacitated adult when the person knows
1410	1410	that the person's taking, retention, or concealment interferes with
1411	1411	a possessory right with respect to the incapacitated adult that is
1412	1412	established in the order appointing a parental administrator by
1413	1413	including the right of the parental administrator to:
1414	1414	(1) have physical possession of the incapacitated
1415	1415	adult; or
1416	1416	(2) establish the incapacitated adult's legal
1417	1417	domicile.
1418	1418	(d) This section does not apply to a governmental entity
1419	1419	where the taking, retention, or concealment of the individual
1420	1420	[ward] was authorized by Subtitle E, Title 5, Family Code, or
1421	1421	Chapter 48, Human Resources Code.
1422	1422	SECTION 2.18. The changes in law made by this Act to Section
1423	1423	25.10, Penal Code, apply only to an offense committed on or after
1424	1424	the effective date of this Act. An offense committed before the
1425	1425	effective date of this Act is governed by the law in effect on the
1426	1426	date the offense was committed, and the former law is continued in
1427	1427	effect for that purpose. For purposes of this section, an offense
1428	1428	was committed before the effective date of this Act if any element
1429	1429	of the offense occurred before that date.
1430	1430	ARTICLE 3. EFFECTIVE DATE
1431	1431	SECTION 3.01. This Act takes effect September 1, 2019.