Texas 2021 - 87th Regular

Texas House Bill HB3394 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3394
	1	+	By: Metcalf (Senate Sponsor - Creighton) H.B. No. 3394
	2	+	(In the Senate - Received from the House May 3, 2021;
	3	+	May 4, 2021, read first time and referred to Committee on
	4	+	Jurisprudence; May 14, 2021, reported favorably by the following
	5	+	vote: Yeas 4, Nays 0; May 14, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to determining the incapacity of a guardian.
6	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	13		SECTION 1. Section 1203.052, Estates Code, is amended by
8	14		amending Subsection (a) and adding Subsection (c) to read as
9	15		follows:
10	16		(a) Subject to Subsection (c), the [The] court may remove a
11	17		guardian as provided by Subsection (a-1) if:
12	18		(1) sufficient grounds appear to support a belief that
13	19		the guardian has misapplied, embezzled, or removed from the state,
14	20		or is about to misapply, embezzle, or remove from the state, any of
15	21		the property entrusted to the guardian's care;
16	22		(2) the guardian fails to return any account or report
17	23		that is required by law to be made;
18	24		(3) the guardian fails to obey a proper order of the
19	25		court that has jurisdiction with respect to the performance of the
20	26		guardian's duties;
21	27		(4) the guardian is proved to have been guilty of gross
22	28		misconduct or mismanagement in the performance of the guardian's
23	29		duties;
24	30		(5) the guardian:
25	31		(A) becomes incapacitated;
26	32		(B) is sentenced to the penitentiary; or
27	33		(C) from any other cause, becomes incapable of
28	34		properly performing the duties of the guardian's trust;
29	35		(6) the guardian has engaged in conduct with respect
30	36		to the ward that would be considered to be abuse, neglect, or
31	37		exploitation, as those terms are defined by Section 48.002, Human
32	38		Resources Code, if engaged in with respect to an elderly person or
33	39		[disabled] person with a disability, as defined by that section;
34	40		(7) the guardian neglects to educate or maintain the
35	41		ward as liberally as the means of the ward's estate and the ward's
36	42		ability or condition permit;
37	43		(8) the guardian interferes with the ward's progress
38	44		or participation in programs in the community;
39	45		(9) the guardian fails to comply with the requirements
40	46		of Subchapter G, Chapter 1104;
41	47		(10) the court determines that, because of the
42	48		dissolution of the joint guardians' marriage, the termination of
43	49		the guardians' joint appointment and the continuation of only one
44	50		of the joint guardians as the sole guardian is in the best interest
45	51		of the ward; or
46	52		(11) the guardian would be ineligible for appointment
47	53		as a guardian under Subchapter H, Chapter 1104.
48	54		(c) If there is probable cause to believe that a guardian is
49	55		an incapacitated person, a court may, on the court's own motion or
50	56		on complaint of an interested person, appoint an attorney ad litem
51	57		to represent the ward's interests as provided by Section 1054.007
52	58		and a court investigator or guardian ad litem to investigate
53	59		whether the guardian should be removed under Subsection (a)(5)(A).
54	60		If the court determines it is necessary, the court may appoint the
55	61		necessary physicians to examine the guardian to determine whether
56	62		the guardian is an incapacitated person for purposes of Subsection
57	63		(a)(5)(A).
58	64		SECTION 2. The changes in law made by this Act apply to a
59	65		guardianship created before, on, or after the effective date of
60	66		this Act.
61	67		SECTION 3. This Act takes effect September 1, 2021.
62		-	______________________________ ______________________________
63		-	President of the Senate Speaker of the House
64		-	I certify that H.B. No. 3394 was passed by the House on April
65		-	29, 2021, by the following vote: Yeas 145, Nays 0, 1 present, not
66		-	voting.
67		-	______________________________
68		-	Chief Clerk of the House
69		-	I certify that H.B. No. 3394 was passed by the Senate on May
70		-	19, 2021, by the following vote: Yeas 31, Nays 0.
71		-	______________________________
72		-	Secretary of the Senate
73		-	APPROVED: _____________________
74		-	Date
75		-	_____________________
76		-	Governor
	68	+	* * * * *