Texas 2019 - 86th Regular

Texas Senate Bill SB1783 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Zaffirini S.B. No. 1783
2		-	(Neave)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to guardianships, alternatives to guardianship, and
8	7		supports and services for incapacitated persons.
9	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	9		SECTION 1. Section 1023.005, Estates Code, is amended to
11	10		read as follows:
12	11		Sec. 1023.005. COURT ACTION. (a) On hearing an
13	12		application or motion under Section 1023.003, if [good cause is not
14	13		shown to deny the transfer and] it appears that transfer of the
15	14		guardianship is in the best interests of the ward and either the
16	15		ward has resided in the county to which the guardianship is to be
17	16		transferred for at least six months or good cause is not otherwise
18	17		shown to deny the transfer, the court shall enter an order:
19	18		(1) authorizing the transfer on payment on behalf of
20	19		the estate of all accrued costs; [and]
21	20		(2) requiring that any existing bond of the guardian
22	21		must remain in effect until a new bond has been given or a rider has
23	22		been filed in accordance with Section 1023.010; and
24	23		(3) certifying that the guardianship is in compliance
25	24		with this code at the time of transfer.
26	25		(b) In making a determination that the transfer is in the
27	26		best interests of the ward under Subsection (a), the court may
28	27		consider:
29	28		(1) the interests of justice;
30	29		(2) the convenience of the parties; and
31	30		(3) the preference of the ward, if the ward is 12 years
32	31		of age or older.
33	32		(c) On receipt of an order described by Subsection (a), the
34	33		county shall accept the transfer of the guardianship.
35	34		SECTION 2. Section 1023.008, Estates Code, is amended to
36	35		read as follows:
37	36		Sec. 1023.008. CONTINUATION OF GUARDIANSHIP. (a) When a
38	37		guardianship is transferred from one county to another in
39	38		accordance with this chapter:
40	39		(1) [,] the guardianship proceeds in the court to
41	40		which it was transferred as if it had been originally commenced in
42	41		that court;
43	42		(2) the court to which the guardianship is transferred
44	43		becomes the court of continuing, exclusive jurisdiction;
45	44		(3) a proceeding relating to the guardianship that is
46	45		commenced in the court ordering the transfer continues in the court
47	46		to which the guardianship is transferred as if the proceeding
48	47		commenced in the receiving court;
49	48		(4) a judgment or order entered in the guardianship
50	49		before the transfer has the same effect and must be enforced as a
51	50		judgment or order entered by the court to which the guardianship is
52	51		transferred; and
53	52		(5) the court ordering the transfer does not retain:
54	53		(A) jurisdiction of the ward who is the subject
55	54		of the guardianship; and
56	55		(B) the authority to enforce an order entered for
57	56		a violation of this title that occurred before or after the
58	57		transfer.
59	58		(b) It is not necessary to record in the receiving court any
60	59		of the papers in the case that were recorded in the court from which
61	60		the case was transferred.
62	61		SECTION 3. Chapter 1023, Estates Code, is amended by adding
63	62		Section 1023.011 to read as follows:
64	63		Sec. 1023.011. NO LIABILITY OF JUDGE. (a) When a
65	64		guardianship is transferred from one county to another in
66	65		accordance with this chapter, a judge of the court from which the
67	66		guardianship is transferred may not be held civilly liable for any
68	67		injury, damage, or loss to the ward or the ward's estate that occurs
69	68		after the transfer.
70	69		(b) A judge of the court to which a guardianship is
71	70		transferred as described by Subsection (a) may not be held civilly
72	71		liable for any injury, damage, or loss to the ward or the ward's
73	72		estate that occurred before the transfer.
74	73		SECTION 4. Subchapter D, Chapter 1055, Estates Code, is
75	74		amended to read as follows:
76	75		SUBCHAPTER D. MEDIATION
77	76		Sec. 1055.151. MEDIATION OF CONTESTED GUARDIANSHIP
78	77		PROCEEDING. (a) Subject to Subsection (b), on [On] the written
79	78		agreement of the parties or on the court's own motion, the court may
80	79		refer a contested guardianship proceeding to mediation.
81	80		(b) If the court refers to mediation a proceeding under
82	81		Subsection (a) regarding the appointment of a guardian for a
83	82		proposed ward:
84	83		(1) a determination of incapacity of the proposed ward
85	84		may be an issue to be mediated, but the applicant for guardianship
86	85		must still prove to the court that the proposed ward is an
87	86		incapacitated person in accordance with the requirements of Chapter
88	87		1101; and
89	88		(2) all parties to the proceeding shall evaluate
90	89		during the mediation alternatives to guardianship and supports and
91	90		services available to the proposed ward, including whether the
92	91		supports and services and alternatives to guardianship would be
93	92		feasible to avoid the need for appointment of a guardian.
94	93		(c) The cost of mediation shall be paid by the parties to the
95	94		proceeding unless otherwise ordered by the court. If the parties
96	95		are unable to pay the cost of mediation, the court may refer the
97	96		parties to a local alternative dispute resolution center providing
98	97		services as part of a system for resolution of disputes established
99	98		under Section 152.002, Civil Practice and Remedies Code, if a
100	99		system has been established in the county, and the local center may
101	100		waive mediation costs as appropriate.
102	101		Sec. 1055.152. MEDIATED SETTLEMENT AGREEMENTS. (a) A
103	102		mediated settlement agreement is binding on the parties if the
104	103		agreement:
105	104		(1) provides, in a prominently displayed statement
106	105		that is in boldfaced type, in capital letters, or underlined, that
107	106		the agreement is not subject to revocation by the parties;
108	107		(2) is signed by each party to the agreement; and
109	108		(3) is signed by the party's attorney, if any, who is
110	109		present at the time the agreement is signed.
111	110		(b) [(c)] If a mediated settlement agreement meets the
112	111		requirements of this section, a party is entitled to judgment on the
113	112		mediated settlement agreement notwithstanding Rule 11, Texas Rules
114	113		of Civil Procedure, or another rule or law.
115	114		(c) [(d)] Notwithstanding Subsections (a) and (b) [and
116	115		(c)], a court may decline to enter a judgment on a mediated
117	116		settlement agreement if the court finds that the agreement is not in
118	117		the ward's or proposed ward's best interests.
119	118		SECTION 5. Section 1202.001, Estates Code, is amended by
120	119		adding Subsection (b-1) to read as follows:
121	120		(b-1) A guardianship of the person shall be settled and
122	121		closed when the court finds that the ward's incapacity needs can be
123	122		managed without the necessity for that continued guardianship by an
124	123		alternative to guardianship or with supports and services as
125	124		provided by Subchapter F.
126	125		SECTION 6. Chapter 1202, Estates Code, is amended by adding
127	126		Subchapter F to read as follows:
128	127		SUBCHAPTER F. TERMINATION OF GUARDIANSHIP OF THE PERSON ON FINDING
129	128		THAT THE WARD'S INCAPACITY NEEDS CAN BE MANAGED WITHOUT
130	129		GUARDIANSHIP
131	130		Sec. 1202.231. TERMINATION OF GUARDIANSHIP OF THE PERSON ON
132	131		FINDING THAT WARD'S INCAPACITY NEEDS CAN BE MANAGED WITHOUT
133	132		GUARDIANSHIP. On application by the guardian of the person of a
134	133		ward, a court investigator or guardian ad litem appointed by the
135	134		court, or another person interested in the ward's welfare who has
136	135		been granted permission by the court to intervene under Section
137	136		1055.003, or on the court's own motion, the court may order that the
138	137		guardianship of the person of the ward terminate and be settled and
139	138		closed if the court makes the findings required under Section
140	139		1202.232.
141	140		Sec. 1202.232. FINDINGS REQUIRED. Before ordering the
142	141		termination of a guardianship of the person under Section 1202.231,
143	142		the court must find by a preponderance of the evidence that:
144	143		(1) the ward remains a partially or completely
145	144		incapacitated person;
146	145		(2) the current nature and degree of the ward's
147	146		incapacity and the ward's needs can be managed without the
148	147		necessity of a continued guardianship of the person by:
149	148		(A) alternatives to guardianship that are
150	149		available to the ward and that are determined to be feasible; or
151	150		(B) supports and services that are available to
152	151		the ward and that are determined to be feasible; and
153	152		(3) termination of the guardianship of the person:
154	153		(A) is in the ward's best interest; and
155	154		(B) will encourage the development or
156	155		maintenance of maximum self-reliance and independence in the ward.
157	156		Sec. 1202.233. GENERAL REQUIREMENTS FOR ORDER. A court
158	157		order that terminates a guardianship of the person under this
159	158		subchapter must:
160	159		(1) contain the findings required under Section
161	160		1202.232;
162	161		(2) state the guardian's name;
163	162		(3) state the ward's name;
164	163		(4) specify:
165	164		(A) the supports and services that:
166	165		(i) will meet the ward's needs without the
167	166		continued necessity for guardianship of the person; and
168	167		(ii) justify the termination of that
169	168		guardianship; or
170	169		(B) the alternatives to guardianship that:
171	170		(i) will meet the ward's needs without the
172	171		continued necessity for guardianship of the person; and
173	172		(ii) justify the termination of that
174	173		guardianship;
175	174		(5) identify the persons or entities providing or that
176	175		will provide:
177	176		(A) the supports and services described by
178	177		Subdivision (4)(A); or
179	178		(B) alternatives to guardianship described by
180	179		Subdivision (4)(B);
181	180		(6) state that the guardian is required to:
182	181		(A) immediately settle the guardianship in
183	182		accordance with this title; and
184	183		(B) deliver all of the ward's remaining personal
185	184		effects and assets, if any, to the persons or entities identified
186	185		under Subdivision (5)(A) or (B), as applicable; and
187	186		(7) state that the clerk shall revoke letters of
188	187		guardianship of the person when the guardianship is finally settled
189	188		and closed.
190	189		Sec. 1202.234. NOTICE; APPOINTMENT OF ATTORNEY AD LITEM OR
191	190		GUARDIAN AD LITEM. A court may enter additional orders in the best
192	191		interest of the ward, including:
193	192		(1) requiring notice to interested persons; or
194	193		(2) appointing an attorney ad litem or guardian ad
195	194		litem, or both, for the ward.
196	195		SECTION 7. Chapter 155, Government Code, is amended by
197	196		adding Subchapter G to read as follows:
198	197		SUBCHAPTER G. GUARDIANSHIP MEDIATION TRAINING
199	198		Sec. 155.301. TRAINING. (a) The office by rule shall
200	199		establish a training course with at least 24 hours of training for
201	200		persons facilitating mediations under Title 3, Estates Code, that
202	201		may be provided by a mediation training provider approved by the
203	202		office. A mediation training provider shall adhere to the
204	203		established curriculum in providing the training course.
205	204		(b) This section does not require a mediator facilitating a
206	205		mediation under Title 3, Estates Code, to attend or be certified
207	206		under a training course established under Subsection (a).
208	207		SECTION 8. The changes in law made by this Act apply to a
209	208		guardianship created before, on, or after the effective date of
210	209		this Act.
211	210		SECTION 9. The Office of Court Administration of the Texas
212	211		Judicial System is required to implement a provision of this Act
213	212		only if the legislature appropriates money specifically for that
214	213		purpose. If the legislature does not appropriate money
215	214		specifically for that purpose, the office may, but is not required
216	215		to, implement a provision of this Act using other appropriations
217	216		available for that purpose.
218	217		SECTION 10. This Act takes effect September 1, 2019.